Section 97: Removal of President from office

(1) The Senate and the National Assembly, by a joint resolution passed by at least one-half of their total membership, may resolve that the question whether or not the President should be removed from office for—

    (a) serious misconduct;

    (b) failure to obey, uphold or defend this Constitution;

    (c) wilful violation of this Constitution; or

    (d) inability to perform the functions of the office because of physical or mental

incapacity; or

    (e) no longer being qualified to hold office as President in terms of section 91(1)(c), or

becoming a citizen (other than an honorary citizen) of another country during his or

her tenure of office;

[Paragraph inserted by s. 8 of Act No. 2 of 2021] should be investigated in terms of this section.

[Subsection amended by s. 8 of Act No. 2 of 2021]

(2) Upon the passing of a resolution in terms of subsection (1), the Committee on Standing Rules and Orders must appoint a joint committee of the Senate and the National Assembly consisting of nine members reflecting the political composition of Parliament, to investigate the removal from office of the President.

[Subsection amended by s. 8 of Act No. 2 of 2021]

(3) If—

    (a) the joint committee appointed in terms of subsection (2) recommends the removal

from office of the President; and

[Paragraph amended by s. 8 of Act No. 2 of 2021]

    (b) the Senate and the National Assembly, by a joint resolution passed by at least two-

thirds of their total membership, resolve that the President should be removed from

office;

Paragraph amended by s. 8 of Act No. 2 of 2021] the President thereupon ceases to hold office.

[Subsection amended by s. 8 of Act No. 2 of 2021]