DA moves to impeach Zuma

4 August 2015

The Democratic Alliance (DA) believes in the supremacy of the Constitution and respect for the Rule of Law as the bedrock of our democratic state.

These principles were directly contravened by the Executive, under the leadership of President Jacob Zuma, when they facilitated the escape of Sudanese President Omar Al Bashir from South Africa on 15 June. The DA has thus given notice in the National Assembly (NA) today of a motion of impeachment against President Jacob Zuma.

The DA will move to have the motion debated in the House on 18 August, whereupon a vote by a third of the House will be required to establish an ad hoc committee to investigate the impeachment charge.

The events that led to the escape of Al Bashir represent a clear violation of the President's oath to "obey, observe, uphold and maintain the Constitution and all other law of the Republic," and serve as nothing less than grounds for his removal from office in terms of section 89(1)(a) of the Constitution.

Al Bashir is wanted by the International Criminal Court (ICC), under two warrants issued in 2009 and 2010 respectively, for war crimes, crimes against humanity and genocide. As a signatory to the Rome Statute that established the ICC, enacted into domestic law through the Implementation of the Rome Statute of the International Criminal Court Act of 2002, the South African government had a legal obligation under both international and domestic law to arrest Al Bashir.

In blatant disregard of their legal obligations, however, Cabinet granted Al Bashir immunity while attending the summit of the African Union (AU) in June, and subsequently allowed him to escape the country. President Zuma, as the head of the Cabinet, bears ultimate responsibility for this decision.

The decision to allow Al Bashir to escape was also made in contravention the two High Court orders. On 15 June the North Gauteng High Court found that the failure to arrest Al Bashir was inconsistent with the Constitution of the Republic and that he should not have been allowed to leave. By ignoring these rulings, the Executive undermined the independence and authority of the Judiciary as a separate branch of the State in terms of section 165 of the Constitution.

Under President Zuma we have seen a degradation of the principle of the separation of powers, with the Executive showing an increased disdain for the Judiciary and the Legislative branch.

The DA will not tolerate the destruction of our Constitution and the pillars on which our democracy stands. We must fight to see the supreme law of our land upheld, and those who undermine it met with the appropriate sanction. Impeaching President Jacob Zuma will go a long way to restoring the integrity of our democracy in this regard.

The draft resolution can be found here:

NATIONAL ASSEMBLY

NOTICE OF MOTION

lnternaLRef Number: 0161 2015

Date: 04.08.2015

Member: Mmusi Maimane

Motion:

Madam Speaker, I hereby move on behalf of the Democratic Alliance That the House, noting:

a. sections 1and 2 of the Constitution which declare that the State is founded on the supremacy of the Constitution and the rule of law;

b. section 165 of the Constitution which declares the independence and authority of the judiciary as a separate branch of the State;

c. the President's Constitutional duties to uphold the law and the Constitution, specifically sections 83(a) and 85 of the Constitution and the President's Oath of Office in Schedule 2 of the Constitution;

d. the Rome Statute of the International Criminal Court; section 231(4) of the Constitution; the Implementation of the Rome Statute of the International Criminal Court Act of 2002; the warrants of arrest issued to South Africa by the International Criminal Court for the arrest of Sudanese President Omar Al Bashir (President Bashir); the interim order of the North Gauteng High Court on 14 June 2015; the court order of the North Gauteng High Court on 15 July 2015, and the judgement of the North Gauteng High Court on 23 June 2015;

e. establish, in terms of National Assembly Rule 214 (1) (a), an ad hoc committee, the committee to -

(a) enquire into the circumstances surrounding the departure of Omar Al Bashir from the Republic on 15 June 2015;

(b) enquire into the failure of the Executive to prevent Omar Al Bashir from leaving the Republic;

(c) enquire into the failure of the Executive to take steps to arrest Omar Al Bashir while he was in the Republic;

(d) establish whether, following the findings of the North Gauteng High Court, President Zuma as Head of the Executive in terms of the Constitution, specifically sections 83(a) and 85 of the Constitution and the President's Oath of Office in Schedule 2 of the Constitution, in failing to arrest Omar Al Bashir while in the Republic seriously violated the law and the Constitution;

(e) recommend to the House whether President Zuma should be removed from office in terms of section 89(1)(a) of the Constitution;

(f) consist of 11members, as follows: ANC 6, DA 3, EFF 1and other parties 1;

(d) exercise the powers in Rule 138 it may deem necessary for the performance of its task; and

(e) report to the Assembly on 24 September 2015.

ENDS

Statement issued by DA leader, Mmusi Maimane, August 4 2015