When the
Union of South Africa was established in 1910, the only officials who could be
impeached (though the term itself was not used) were the chief justice and judges of the
Supreme Court of South Africa. The scope was broadened when the country became a republic in 1961, to include the
state president. It was further broadened in 1981 to include the new office of
vice state president; and in 1994 to include the
executive deputy presidents, provincial premiers, the
Public Protector and the
Auditor-General. Since 1997, members of certain commissions established by the Constitution can also be impeached. The grounds for impeachment, and the procedures to be followed, have changed several times over the years. Impeachment proceedings were first invoked in the 2010s : • An attempt was made in April 2016 to impeach president
Jacob Zuma for violating the Constitution, but his party, which had the majority in the National Assembly, voted against it. • An attempt was made in December 2022 to impeach president
Cyril Ramaphosa for misconduct, but here too his party, which still had the majority in the National Assembly, voted against it. •
Public Protector Busisiwe Mkhwebane was impeached and dismissed for misconduct and incompetence in September 2023, making her the first public office-bearer in the country's history to be removed from office by this process. • Proceedings against Judge President John Hlophe of Western Cape Court was equally instituted by Parliament. This resulted in him being the first judge to be impeached and removed from office.
Chief Justice and Judges 1910-1994 : the
governor-general-in-council (until 1961) or
state president (from 1961) could remove a judge from office for "misbehaviour or incapacity" if both the
Senate and the
House of Assembly submitted addresses to him, during the same session of parliament, asking him to do so.
1994-1997 : the
president could remove a judge from office for "misbehaviour, incapacity or incompetence", if both the
National Assembly and the Senate requested him to do so, after considering a report from the
Judicial Service Commission.
1997-date : the president may remove a judge from office if (a) the Judicial Service Commission finds that the judge "suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct", and (b) the National Assembly resolves, by a two-thirds majority, that the judge be removed. In 2022, two High Court judges, retired Judge
Nkola Motata and Judge President
John Hlophe of the Western Cape division, Cape Town were recommended for removal by the National Assembly by its Portfolio Committee on Justice and Correctional Services.
State President / President 1961-1980 : the Senate and House of Assembly could remove the State President from office for "misconduct or inability to perform efficiently the duties of his office". The procedure required (a) at least thirty members of the House to petition the Speaker to appoint a joint committee; (b) the House to resolve to appoint the committee; (c) the Senate to concur with the resolution, (d) the committee to submit a report; and (e) each House to resolve, in the same session of parliament, to remove the State President from office.
1981-1984 : following the abolition of the Senate, the power to impeach the State President was vested in the House of Assembly alone. The same procedure applied to the removal of the Vice State President.
1984-1994 : an electoral college, consisting of delegates from the House of Assembly and the new
House of Representatives and
House of Delegates, could remove the State President from office for "misconduct or inability to perform efficiently the duties of his office". The procedure required (a) at least half the members of each of the three houses to petition the Speaker of Parliament to appoint a committee; (b) each house to resolve to appoint the committee; (c) the committee to submit a report; and (d) the electoral college to resolve to adopt the report and declare the State President removed from office.
1994-1997 : the National Assembly and the Senate, sitting jointly, could remove the President from office by impeaching him or her for "a serious violation of this Constitution or the other laws of the Republic, or of misconduct or inability rendering him or her unfit to exercise and perform his or her powers and functions". A two-thirds majority was required. A similar procedure applied to the removal of any of the Executive Deputy Presidents.
1997-date : the National Assembly (alone) may remove the President, for "a serious violation of the Constitution or the law", "serious misconduct" or "inability to perform the functions of office". A two-thirds majority is required. A president who is removed may not receive any benefits of that office, and may not serve in any public office. President
Jacob Zuma came close to facing an impeachment vote in 2016 over the abuse of taxpayer funds to build his personal home at
Nkandla, but his party used their parliamentary majority to prevent the vote. The
Constitutional Court subsequently found that parliament had failed to hold Zuma to account and ordered parliament to establish rules for the impeachment process.
Premiers of provinces 1994-1997: a provincial legislature could remove the province's premier from office by impeaching him or her for "a serious violation of this Constitution or the other laws of the Republic or the province", or for misconduct or inability rendering him or her unfit to exercise and perform his or her powers and functions. A two-thirds majority was required.
1997-date: a provincial legislature may remove the province's premier from office for "a serious violation of the Constitution or the law", "serious misconduct" or "inability to perform the functions of office". A two-thirds majority is required. A premier who is removed may not receive any benefits of that office, and may not serve in any public office.
Public Protector 1994-1997: the president could remove the
Public Protector from office for "misbehaviour, incapacity or incompetence", if both the Assembly and the Senate requested him to do so, after considering a report from a joint committee.
1997-date: the president must remove the public protector if a committee of the National Assembly finds him or her guilty of "misconduct, incapacity or incompetence", and the Assembly resolves that he or she be removed. A two-thirds majority is required. In 2023, Public Protector
Busisiwe Mkhwebane became the first head of a
Chapter 9 institution to be impeached.
Auditor-General 1994-1997: the procedure was the same as that for removing the Public Protector.
1997-date: the procedure is the same as that for removing the Public Protector.
Members of Commissions 1997-date: the president must remove a member of the
South African Human Rights Commission, the
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the
Commission for Gender Equality or the
Electoral Commission from office if a committee of the National Assembly finds him or her guilty of "misconduct, incapacity or incompetence", and the Assembly resolves that he or she be removed. A simple majority is required. ==Pre-Union states==