Chairperson Makashule Gana of the Impeachment Committee tasked with investigating President Cyril Ramaphosa over the $580,000 stored and then stolen from his Phaala Phaala Game Farm, says the president will be treated fairly in an open and transparent process and that any harm he expects to suffer is perceived. On Monday, on behalf of the committee, Gana officially filed an affidavit with the Western Cape High Court to oppose attempts by the president to delay the committee’s work.
Gana said he’s duty-bound to ensure the inquiry proceeds independently and impartially, and the president will have the opportunity to present his side of events. Ramaphosa wants the Section 89 inquiry to halt its work until the court has considered the independent panel report that has given rise to the inquiry. But Gana argued that the president’s review application is moot because the Constitutional Court already ordered that the report be referred to an impeachment committee. Gana has told the court that Ramaphosa should not fear being defamed through witness testimony since it’s his job to ensure the integrity of the process, and the president will have the opportunity to dispute the evidence. Meanwhile, Speaker Thoko Didiza has opted to abide by a court ruling, saying the National Assembly is under a constitutional obligation to act without delay.
In terms of ensuring that the process of impeachment remains transparent and the committee accountable to the law, nothing about its conduct can remain secret. Ramaphosa cannot ask or demand that the Constitution Court halt the investigative proceedings of the Impeachment Committee, when it was the Constitutional Court which ordered Gana and his committee to carry out their investigation. Once a report by the committee has been concluded and referred to the National Assembly, the National Assembly will determine if they have to vote on impeaching the President. The key issues for the President being impeached are gross misconduct of office, negligence and abuse of power. National Assembly speaker Thoko Didiza is playing the role of neutrality to ensure the committee conducts a thorough investigation. There can be no delay of proceedings, tampering or concealment of evidence. The constitution and the law must be followed toe to toe.
An urgent legal opinion requested by parliament’s impeachment committee last week recommended that the panel oppose the court application. The opinion stated that if the committee chose not to oppose Ramaphosa’s application, it should still file an explanatory affidavit to assist the court in adjudicating the matter. According to the opinion, the impeachment committee has a constitutional and legal obligation to comply with the Constitutional Court order that referred the report to the committee for consideration and possible implementation.
Legally the President cannot halt the impeachment proceedings of an impeachment committee. It is up to the current committee led by Gana to study the report and refer back to the lower house of parliament as soon as possible. National Assembly Speaker Didiza will then determine if the matter should be put to a vote in her chamber. It is most likely a vote to impeach Ramaphosa will follow, depending on the conclusion the impeachment committee draws. This process however is likely to be long and strenuous.
Ramaphosa could resign, leading to Deputy President Paul Mashatile succeeding him. This is a compromise no one wants.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
