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Parliament moves to form impeachment committee on Phala Phala scandal

Manyane Manyane|Published

Parliament Speaker Thoko Didiza has announced the process that the National Assembly will follow in response to the judgment handed down by the Constitutional Court regarding Phala Phala farm scandal.

Image: Tumi Pakkies/ Independent Newspapers

Parliament Speaker Thoko Didiza, has announced she will report the Section 89 Independent Panel's findings to the National Assembly by publishing them in the official Parliamentary records. 

This is after the Constitutional Court ruled that Parliament acted unlawfully in 2022 when it voted to block an impeachment inquiry into President Cyril Ramaphosa over the Phala Phala farm theft scandal. 

Announcing seven steps to effect the judgment, Didiza on Monday said she will initiate the process to constitute the Impeachment Committee in terms of Rules 129J to 129O of the Rules of the National Assembly to consider the section 89 inquiry process contemplated in the Constitution and the Rules of the Assembly. 

She added that she will formally refer the Independent Panel Report to the Impeachment Committee as directed by the Constitutional Court. 

The Speaker will refer the Constitutional Court judgment to the National Assembly Subcommittee on the Review of Rules to consider and process the amendments required to the Rules of the National Assembly pursuant to the findings, reading-in, and directions of the Court.

"The Subcommittee will report on its work to the Rules Committee, which will in turn submit its recommendations to the National Assembly for consideration.

“The Speaker will determine the appropriate programme, procedural arrangements, timeframes and institutional support measures necessary to enable the Impeachment Committee to undertake and finalise its work effectively, fairly and within the framework of the Constitution and the Rules of the National Assembly,” read the statement published on Monday.

Director and head of Accountability Now, Paul Hoffman, said the committee, once appointed, will consist of a mix of parliamentarians that approximates party representation in the National Assembly. 

“For example, if the panel is ten members strong, it will likely have four members from the ANC, two from the DA, and one each from the EFF and MK parties.

"The remaining three members will be drawn from the smaller parties, with the ATM a strong contender for a place on the panel, having initiated the whole process," he said. 

Governance expert and political analyst Sandile Swana  said that the as much as the ANC would not want the hearings to continue, "they also know that what they did was not rational". 

“They represented their careers and their party, not the voters,” said Swana. 

Professor Andre Duvenahage said this is likely to bolster the anti-Ramaphosa group within the ANC, adding that this would be a golden opportunity for some to claim ground in the succession battle involving people such as deputy president Paul Mashatile, Fikile Mbalula, and others. 

According to the SABC, some ANC veterans have dismissed calls for Ramaphosa's resignation, arguing the ruling focuses on parliamentary procedure rather than a direct finding of guilt against the President.

Meanwhile, Ramaphosa has stated that he respects the Constitutional Court's judgment.

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