The application also requested the Court to direct the Speaker of the National Assembly to institute an investigation with the view of possible impeachment proceedings against the President in terms of section 89 of the Constitution.
The Constitutional Court placed the HSF’s application on hold to hear the matter brought by the Economic Freedom Fighters (“EFF”), which dealt with similar issues. In its judgment on that matter, handed down on 29 December 2017, the Constitutional Court held that the failure by the National Assembly to establish a process for the removal of the President in terms of section 89 of the Constitution was unconstitutional and ordered it to make provision in its rules for such a procedure.
The Court therefore considered the HSF’s application to be moot, and on 23 May 2018 informed the HSF that it declined direct access as a result.
