Opinionista Marianne Merten 23 February 2021

Impeachment lessons for South Africa from the US

US Senate impeachment trial was riveting viewing because Trump’s impeachment trial set out, in arguments based on facts and backed up by hard evidence, why the ex-president should be found guilty of inciting insurrection.

Marianne Merten

Marianne Merten has written on Parliament since 2016 for Daily Maverick. The intersection of governance, policy and politics unfolds at many levels, from tiny nuggets of information hidden in the voluminous stacks of papers tabled at the national legislature to the odd temper tantrum by a politician. Sometimes frustrating, sometimes baffling, even after 26 years as a hack, there are few dull days in the parliamentary corridors.

First published in the Daily Maverick 168 weekly newspaper.

The US Senate impeachment trial of former president Donald Trump has made for riveting late-night watching.

Not for the harrowing visuals of Officer Eugene Goodman putting himself in danger to lead Make America Great Again rioters away from the sitting Senate, or of Officer Daniel Hodges trapped. Not for the mob chant of “Hang Pence”, referencing then vice-president Mike Pence, or “Nancy, where are you?” while looking for Nancy Pelosi, the House of Representatives’ speaker.

No. It was riveting viewing because Trump’s impeachment trial set out, in arguments based on facts and backed up by hard evidence, why the ex-president should be found guilty of inciting insurrection. The party politicking and populist propaganda was mostly left to the Republican, or GOP (Grand Old Party), defence team after its constitutional argument that an ex-president can’t be impeached was defeated.

It was riveting viewing because votes of conscience and individual political accountability played out in real time, in the open. The 43–57 vote fell 10 short of the impeachment threshold, but it meant seven Republicans voted guilty with the Democrats.

Two of those Republican senators are retiring; four are secure, like Bill Cassidy from Louisiana, who posted a video message saying: “Our constitution and our country is more important than any one person…” Only Senator Lisa Murkowski is facing voters in November 2022 in Alaska, which voted for Trump in 2020. Still, Murkowski told Politico “…I cannot allow the significance of my vote to be devalued by whether or not I feel that this is helpful for my political ambition.”

Back home, Deputy Transport Minister Dikeledi Magadzi told the State Capture commission she’d again toe the ANC line against a parliamentary State Capture probe.

Yet Magadzi, like all SA’s elected public representatives, swore an oath to “be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law…” In June 2017, the Constitutional Court ruled duty to country trumps party fealty, regardless of discomfort.

South Africa may well face its own impeachment inquiry – that of Public Protector Busisiwe Mkhwebane.

The independent experts panel report must be with National Assembly Speaker Thandi Modise by 25 February. If it is recommended that Mkhwebane has a case to answer it will come to the House for a vote – and to establish an impeachment inquiry.

The ANC party line on Mkhwebane remains fluid amid factional fights, but is interwoven with the radical economic transformation grouping that supports ex-president Jacob Zuma. Broadly speaking, these factional fault lines hold true, even if it can get a bit more complicated amid the ANC’s Byzantine intrigues and whispering campaigns.

As the parliamentary majority party, it will be key how the ANC decides to deal with any possible Mkhwebane impeachment inquiry. And taking a party line is how it will unfold, ANC Deputy Secretary-General Jessie Duarte indicated a year ago. “Once the process is at the point where Parliament will have to make a decision then the chief whip and caucus will discuss and give guidance on what to do,” she told reporters after the ANC’s first 2020 parliamentary caucus. That moment is now approaching.

It’s a given that, unlike the Trump impeachment trial, any Mkhwebane impeachment inquiry won’t be quick. While Trump is the first US president to face two impeachment trials, Mkhwebane’s impeachment inquiry, if there’s cause and Parliament decides to proceed, would be a first for incumbents of constitutional office.

Political point scoring, toeing the party line or facts, it’s a choice. How MPs, particularly ANC MPs, conduct themselves in any possible Mkhwebane impeachment inquiry is an acid test for SA’s constitutional democracy. DM168

This story first appeared in our weekly Daily Maverick 168 newspaper which is available for free to Pick n Pay Smart Shoppers at these Pick n Pay stores.

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  • Thank you, Marianne for a comprehensible articulation of the counter-majoritarian dilemma; at what point is constitutional supremacy exposed as mere smoke ‘n mirrors?

  • It is a very sad day to see that even South African reporters fail to do their homework and push the same fake narrative as the US Fake Media.

    No, there was no evidence that Trump incited an insurrection at all. However, there was overwhelming evidence that Trump was set up and that those who voted to impeach had to alter evidence to to try push for a guilty verdict.

    There is overwhelming evidence that the whole insurrection was pre-planned. Why else would they prevent Pelosi from testifying.

    There is also overwhelming evidence that Trump won the election in a landslide but no court would hear the evidence. In other words, the Democrats have attempted to pull off an elaborate coup, which many people think, they got away with.

    But the fact that I read these lies from a South African news source, only goes to prove that we don’t have any honest reporters in South Africa and it is no wonder we have the most corrupt government in the world.

    The question now is, have our elections been as “honest” as the US elections?

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