CAPE TOWN, SOUTH AFRICA — Despite facing ongoing legal challenges and parliamentary clashes, the Section 89 Impeachment Committee is pushing ahead with its mandate to investigate President Cyril Ramaphosa over the Phala Phala matter. The 31-member body is convening today to appoint Evidence Leaders and finalize its Terms of Reference, marking a critical next step in the inquisitorial process.
The committee’s progress follows the National Assembly’s adoption of amended rules yesterday, designed to guide the proceedings. These amendments were adopted to give effect to a May Constitutional Court judgment that compelled the legislature to update the Section 89 process. During yesterday’s session, the Democratic Alliance (DA) proposed a “fit and proper” requirement for members serving on the impeachment committee. However, this faced pushback, as implementing such a requirement would necessitate a constitutional amendment to Section 47, which dictates the eligibility and disqualifications of National Assembly members. Additionally, several MPs expressed concern over the National Assembly Speaker’s decision not to oppose President Ramaphosa’s urgent application to interdict the impeachment proceedings.
Moving forward, the inquisitorial body is tasked with testing the veracity of the prima facie findings previously established by the Section 89 independent panel, which suggested the President may have violated the constitution and the law. The underlying charges relate to the 2020 theft of over $500,000 USD at the President’s Phala Phala farm.
Ahead of today’s meeting, the EFF—referred to as the leader of the Red Berets—submitted correspondence to the committee’s chairperson, Makashana. The letter formally requests the appointment of forensic investigators to assist the committee. The EFF emphasized the need for forensic expertise to avoid being caught on the “back foot,” a shortfall observed in previous ad hoc committees, such as the one investigating the minister currently placed on leave.
Despite the committee’s efforts to advance the process, it has faced sharp criticism regarding its pace. A spokesperson for the MK Party strongly condemned the committee during submissions before the national legislature, arguing that nearly two months have passed since the Constitutional Court’s decision with little implementation of the court’s order.
The MK Party representative highlighted that the committee has only met twice—once to elect a chairperson and once to consider his position on the misguided interdict application—with a third meeting still pending to discuss the evidence leader.
“Two meetings, none of them an inquiry. There is no sense of urgency,” the MK spokesperson stated.
The party further alleged that the committee is chaired by a “fellow traveler” of the “so-called GNU,” suggesting the delays are a deliberate strategy to string the process along. According to the MK Party, the objective is to delay the inquiry in the hope that the high court will undermine the Constitutional Court’s order and achieve what an unlawful vote of the house previously failed to accomplish.