If the DA could have its way, the Constitution should be amended to bar impeached judges and heads of Chapter 9 Institutions to stand for election as MPs, councillors and Members of Provincial Legislatures.

The party’s MP Glynnis Breytenbach has published a notice of intention to introduce a private members bill and invitation for comment on the draft bill.

The bill comes in the wake of former judge John Hlophe and former public protector Busisiwe Mkhwebane being elected as MPs for the MK Party and EFF respectively after they were impeached over the past few years.

Breytenbach said her party seeks to remove the gap in the law that allows impeached judges and Chapter 9 heads from being members of Parliament, provincial legislatures and councils.

“The bill will ensure that any judge or person appointed in terms of Chapter 9 of the Constitution that has been removed from office due to misconduct, is disqualified from becoming a Member of Parliament (MP), provincial legislature of municipal council.

“Allowing such individuals to become MPs brings the institution into disrepute and erodes public confidence in Parliament’s ability to hold the executive and the judiciary accountable,” she said.

Breytenbach also said South Africans deserved representatives that embody honesty and integrity, and allowing that category of persons found guilty of misconduct to become MPs was a slap in the face of honest, law-abiding South Africans.

“The bill will be a strong step toward bolstering public trust in Parliament and increasing the legislature’s ability to hold other arms of government accountable. While other parties are intent on filling parliamentary positions with their impeachables, the DA seeks to close the gap in our law and bring integrity to our parliamentary bodies,” she said.

Breytenbach called on interested parties to submit public comments on the proposed bill.

“Members of the public are strongly encouraged to give input on the Bill by making public submissions. Interested parties are invited to send their written submissions on the content of the Bill to the Speaker of the National Assembly by 31 August 2025.”

The bill proposes amendment to sections 47, 106 and 158 of the Constitution.

It will add to the list of citizens who are ineligible to become members of the National Assembly, a provincial legislature, and a municipal council respectively.

The bill’s memorandum states that the Constitution will be amended to provided that a former judge or person appointed in terms of Chapter 9, who was previously removed from office on the ground of either gross misconduct or misconduct, is not eligible to become a member of Parliament, a provincial legislature or a Municipal Council.

mayibongwe.maqhina@inl.co.za

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