According to parliamentary papers, Democratic Alliance MP Glynnis Breytenbach has tabled a Constitution 24th Amendment Bill intended to prevent the election of discredited persons to the National Assembly, provincial legislatures and municipal councils. However, at the time of writing the Bill had yet to be published.
The proposed new piece of legislation was gazetted in draft form in August 2025 as the procedurally required pre-tabling explanatory summary – the notice concerned nevertheless also calling for public comments. As SA Legal Academy reported at the time, its overarching objective was to prohibit the election to these institutions of anyone ‘previously removed from office by the President in terms of the Constitution on the grounds of either gross misconduct or misconduct’.
It was proposed that this should apply to former judges as well as to any person appointed in terms of the Constitution’s Chapter 9 (state institutions supporting constitutional democracy).
Published by SA Legal Academy Policy Watch
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