Section 89 is one of two parliamentary routes by which a sitting president can be removed from office. The other is in terms of section 102 of the constitution, which is a vote of no confidence - a purely political, and, therefore, subjective matter. Several such motions of no confidence were tabled against Jacob Zuma, but he survived them all, as the rulingSection 89 contains three specific grounds for"impeachment" .
The underlying purpose of the panel is to prevent spurious or vexatious impeachment attempts to proceed without any proper evidential basis. The motion tabled by the African Transformation Movement seeking Ramaphosa's impeachment, as leading law reporter Franny Rabkin, provides tramlines within which the panel must stay when performing its mandate. This limits the evidence and the allegations that the panel is authorised to consider.
In this case, the third ground - incapacity - does not arise. Instead, the question for the panel is whether there is sufficient evidence of serious misconduct or a serious violation of the law.
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