Phala Phala inquiry: Impeachment Committee seeks legal clarity on Ramaphosa testimony
Parliament’s Section 89 Impeachment Committee has extended deadlines for political parties to resolve differences on proposals, while also seeking legal guidance on key aspects of the inquiry into President Cyril Ramaphosa’s Phala Phala matter.
The committee, chaired by Rise Mzansi MP Makashule Gana, met virtually on Wednesday to consider submissions from political parties on the structure and terms of reference for the inquiry.
Following discussions, the committee agreed to give parties an additional 48 hours, until Friday at 6 pm to consult with one another and submit consolidated positions on areas where there are disagreements.
Gana said the extension would allow the committee to streamline its working documents ahead of its next meeting scheduled for next Wednesday.
"We are giving political parties 48 hours, so until Friday, 18H00 hours, to confer with each other on issues that they are differing with and then to submit to us the agreed position so that we can clean up the matrix for the meeting on the 29th."
The committee is currently preparing for the next phase of the inquiry, including finalising the appointment of an evidence leader who will guide the presentation of evidence, examine witnesses and assist MPs during proceedings.
The inquiry follows the Independent Panel's report into the Phala Phala farm matter, which found a prima facie case for President Ramaphosa to answer allegations linked to the theft of foreign currency at his Limpopo farm in 2020.
INDEPENDENT PANEL REPORT AUTHORS COULD BE CALLED
During Wednesday's meeting, MPs also raised the possibility of inviting the authors of the Independent Panel report to appear before the committee.
Gana said the report, which was submitted to Parliament, had never been formally presented to a parliamentary committee and that hearing directly from the panel members could assist MPs in understanding the findings.
"It is also my desire that the authors of the panel report appear before the committee, table the report. If you remember very well, the report was handed to the speaker. It was never briefed to any committee in Parliament."
Gana said Parliament's legal advisers would be asked to determine whether the panel members could appear before the committee and explain the evidence and considerations that informed their conclusions.
The Independent Panel, established in terms of Section 89 of the Constitution, investigated whether President Ramaphosa had a case to answer following allegations surrounding the theft of foreign currency from his private farm.
The panel concluded that there was sufficient evidence requiring further investigation, paving the way for Parliament’s impeachment process.
LEGAL ADVICE SOUGHT ON RAMAPHOSA'S POSSIBLE APPEARANCE
The committee will also seek legal advice on whether President Ramaphosa can be compelled to testify before MPs and what implications could arise if he chooses not to appear.
The issue was raised after some MPs proposed that the President should give his version of events directly to the committee.
Gana said legal guidance was necessary to ensure the committee’s process remains constitutionally sound.
"Whether we can compel the president to testify. If he doesn't, what will that mean for the committee? I think there's that issue around the negative inference that might have to be made."
He added that legal advisers would examine relevant case law and examples from other countries where impeachment proceedings had taken place.
The committee will receive the legal briefing before considering the matter further at its next meeting.
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