Parliament speaker Thoko Didiza says she will kick-start the process to revive impeachment proceedings against President Cyril Ramaphosa after Friday’s Constitutional Court ruling over the Phala Phala cash theft scandal.
On Monday, parliament said the speaker would formally table former chief justice Sandile Ngcobo’s independent panel report before the National Assembly through the appropriate parliamentary journals.
Didiza will also provide President Cyril Ramaphosa with a copy of the report, as directed by the court.
“Parliament reaffirms its respect for the judgment of the Constitutional Court and will act in full compliance with the order and directions of the court,” the statement said.
Didiza will then initiate the process to constitute an impeachment committee in terms of the national assembly rules.
This committee will consider the section 89 inquiry process as directed by the constitution and the rules of the national assembly.
“Parliament will communicate further details regarding the constitution, programming and operational arrangements of the impeachment committee through the appropriate parliamentary processes and announcements.”
Former chief justice Ngcobo’s panel was constituted by the speaker of parliament after $580,000 hidden in a couch was stolen from President Cyril Ramaphosa’s Phala Phala farm.
Ramaphosa said the cash was payment for Ankole buffaloes bought by a Sudanese businessman. He said the transaction happened while he was out on national business and was handled by his farm manager.
He said he reported the theft to Maj-Gen Wally Rhoode, head of the presidential protection services.
The independent panel report was not conclusive but said there was prima facie evidence of wrongdoing. It recommended that the case be forwarded to the section 89 committee. But instead parliament voted to close the case.
The independent panel report will be formally referred to the impeachment committee in line with the Constitutional Court’s order.
Opposition parties, the EFF and the ATM, took the matter to the Constitutional Court, resulting in Maya’s judgment on Friday.
The judgment placed the national assembly’s section 89 obligations back before parliament and reaffirms its duty to account for and properly process impeachment-related matters under the constitution.
The top court found the National Assembly’s handling of the section 89 impeachment process unconstitutional and ordered that the independent panel report be referred to an impeachment committee.
Didiza will also refer the judgment to a national assembly subcommittee on the review of rules. The subcommittee will consider and process amendments required to the national assembly rules arising from the court’s findings.
The subcommittee will report to the rules committee, which will submit its recommendations to the National Assembly for consideration.
Didiza will then determine the appropriate programme, procedural arrangements, time frames and institutional support measures needed to allow the impeachment committee to undertake and finalise its work “fairly and effectively”.
“Further details on the composition, programming and operational arrangements of the impeachment committee will be communicated through parliamentary processes,” the statement said.
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