General News

SA Council for the Advancement of the Constitution calls for reform to bar impeached officials from public office

Date: Jun 1, 2025

The Council for the Advancement of the Constitution (CASAC) in South Africa has made a formal submission to Parliament calling for amendments to the Constitution to prevent impeached individuals from holding public office.

The submission was made ahead of the annual deadline for constitutional amendment proposals, reviewed each year by Parliament’s Joint Constitutional Review Committee. CASAC's proposal focuses specifically on strengthening accountability measures regarding public officials found guilty of gross misconduct.

Lawson Naidoo, CASAC's Executive Secretary, highlighted what he described as a troubling legal loophole that allows individuals previously impeached from senior public positions to return to public service, including potentially becoming Members of Parliament or even President.

“We have seen recently where impeached former judges and impeached former heads of Chapter 9 Institutions have been elected as Members of Parliament and could in fact theoretically become President of the Republic,” Naidoo said.

“This is an anomaly. The holders of such senior public office, when they break that trust while in office by acting in a manner inconsistent with the Constitution through gross misconduct, then they do not, or should not, be allowed to hold any form of public office.”

Naidoo stressed that the integrity of democratic institutions depends on upholding high ethical standards among public officials, and allowing impeached individuals to return to office undermines public trust and accountability.

--SABC/ChannelAfrica--

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