Parliament's Impeachment Committee is starting to take shape as the investigation into the Phala Phala farm scandal unfolds.
Image: IOL Graphics
While parties outside the Government of National Unity (GNU) declared their intentions to leverage the impeachment proceedings to force President Cyril Ramaphosa’s immediate resignation, coalition partners are likely to overpower them and pull out all the stops to protect him.
This is according to political analyst Professor Sipho Seepe, who warned that these parties are likely to go out of their way to shield Ramaphosa from being subjected to the impeachment process.
This came after National Assembly Speaker Thoko Didiza established a 31-member parliamentary impeachment committee to probe Ramaphosa over the Phala Phala farm scandal.
The establishment of the committee followed the Constitutional Court (ConCourt) ruling that the National Assembly’s December 2022 vote to reject the Section 89 independent panel report was unconstitutional and invalid.
The panel, which investigated the 2020 theft of foreign currency ($580,000), concealed inside a couch at Phala Phala game farm in Limpopo, found that prima facie evidence suggested that Ramaphosa may have committed serious violations of the Constitution and the law, as well as serious misconduct.
The court ordered Parliament to revive the matter by referring the panel report to an impeachment committee.
Following the judgment, Didiza announced the 31-member impeachment committee to formally investigate Ramaphosa.
The committee is composed of 31 members drawn from the 16 political parties represented in the National Assembly.
The committee is composed of: ANC (9), DA (5), MKP (3), EFF (2), IFP (1), PA (1), FF Plus (1), ActionSA (1), ACDP (1), UDM (1), RISE Mzansi (1), BOSA (1), ATM (1), Al Jama-ah (1), NCC (1), and UAT (1).
The ANC, DA, IFP, PA, FF Plus, ACDP, UDM, Rise Mzansi, BOSA, and Al Jama-ah are part of the GNU, while MKP, EFF, ActionSA, NCC and UAT are not partners.
The DA and BOSA previously stated that they will not unconditionally shield Ramaphosa from accountability.
This is after the DA stated it will not blindly protect Ramaphosa for the sake of political expediency or coalition survival, adding that it will only vote in favour of removing the President if the committee uncovers firm, credible evidence of criminality or serious constitutional misconduct.
BOSA stated that its participation will be strictly guided by ethical leadership and constitutionalism, rather than a political “numbers game”.
On the other hand, ANC secretary-general Fikile Mbalula made it clear that no ANC representative in Parliament will be allowed to vote with the opposition to impeach their own president, adding that the ANC National Executive Committee (NEC) will guide its members in Parliament on how to approach and negotiate with GNU partners regarding the looming presidential impeachment process.
However, Seepe said the GNU parties are likely to protect Ramaphosa as they are deeply invested in the benefits of the coalition.
He said these parties may vote differently if the impeachment process were to proceed in line with the decision of the ConCourt.
The parties have until Friday to submit the names of their representatives.
Meanwhile, the DA has announced Parliamentary leader George Michalakis, Chief Whip Advocate Glynnis Breytenbach, Deputy Chief Whip Bax Nodada, National Spokesperson Karabo Khakhau, and MP Nazley Sharif as the party’s representatives in the impeachment committee.
Freedom Front Plus (FF Plus) will be represented by its Chief Whip, Wouter Wessels, while Rise Mzansi announced its National Assembly Caucus Whip, Makashule Gana.
BOSA will be represented by its leader, Mmusi Maimane.
For opposition parties, MK Party will be represented by its Parliamentary leader Dr John Hlophe, who will be accompanied by MPs Dr Khanyisile Litchfield-Tshabalala and Chief Whip Mmabatho Mokoena-Zondi.
ATM announced its leader, Vuyo Zungula for the committee, while ActionSA will be represented by Lerato Ngobeni, who is the party’s Chief Whip.
Other parties have not announced their representations at the time of publication.
Another political analyst, Sandile Swana, said the impeachment process is needed by the other parties, adding that they want the evidence to come up for their election campaigns.
He added that this evidence will also be used for a motion of no confidence and to test whether they are gaining momentum to remove Ramaphosa without an impeachment process.
The committee will compile a report detailing whether the President committed serious misconduct or violated the law, concluding with a recommendation on his removal.
Ramaphosa has approached the courts to launch a judicial review challenging the panel.
However, Swana said the only relevant legal challenge that Ramaphosa can use is to apply for an interdict to stop the hearings from continuing until the review process is completed.
He added that in his opinion, given how the ConCourt judgment was issued, it is unlikely that any court will grant that interdict.
manyane.manyane@inl.co.za