New bill tabled in South African Parliament to ‘keep impeachables out’

The Democratic Alliance (DA) has introduced a private member’s bill that seeks constitutional changes to bar individuals who have been removed from important state bodies for misconduct from returning to public office via election.

The Constitution Twenty-Second Amendment Bill, 2025 aims to amend the Constitution by expanding the list of individuals who are disqualified from holding elected office at national, provincial, and local government levels.

The DA argues that this would strengthen and streamline ethical standards within the country’s democratic institutions.

Introduced by the DA’s Glynnis Breytenbach, the Bill targets specific categories of public officials who were removed from office due to misconduct.

If the proposed amendment is adopted, individuals like MK Party MP and former judge John Hlophe, as well as ex-EFF MP and former Public Protector Busisiwe Mkhwebane, would be barred from serving in Parliament due to their prior removal from office.

The proposed amendment affects three key sections of the Constitution.

First, Section 47, which deals with eligibility for membership in the National Assembly, is proposed to be amended to include a new disqualification clause.

This clause will render ineligible any former judge removed from office by the President on the grounds of gross misconduct, as well as any person appointed under Chapter 9 of the Constitution who was removed due to misconduct.

A similar provision will be added to Section 106, which governs eligibility for membership in provincial legislatures.

This section will mirror the amendment to Section 47 for consistency across national and provincial levels in disqualifying those previously dismissed for serious ethical breaches.

Lastly, Section 158, which relates to Municipal Councils, is proposed to be updated to incorporate this disqualification, ensuring that former judges or Chapter 9 appointees removed for misconduct are also barred from serving in local government.

‘Keeping impeachables out’

Overall, Breytenbach said that the objective of the Bill is to close an accountability gap by ensuring that individuals previously found guilty of misconduct in high public office cannot later serve as elected representatives.

She said that it reinforces the principle that ethical failings in key oversight roles should have long-term consequences for eligibility to hold public office.

“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,” said the DA MP.

“The people of South Africa deserve representatives that embody honesty and integrity, and allowing this category of persons found guilty of misconduct to become MP’s is a slap in the face of honest, law-abiding South Africans.”

“While other parties are intent on filling parliamentary positions with their impeachables, the DA seeks close the gap in our law and bring integrity to our parliamentary bodies,” she added.

However, implementing this may require clear regulations defining “removal due to misconduct” and a formal process to verify disqualification during candidate nominations.

Without such measures, enforcement could be inconsistent or open to legal challenge.

The proposal also brings up tough questions about balancing political accountability and the chance for rehabilitation, a topic likely to cause debate as the bill moves through Parliament.

The proposed bill can be found below: