The National Assembly is moving to re-establish the impeachment inquiry process into President Cyril Ramaphosa following last week’s landmark Constitutional Court ruling on the handling of the Phala Phala matter.
In a statement issued on Monday, Parliament confirmed that Speaker Thoko Didiza has determined the process the National Assembly will follow after the Constitutional Court declared Rule 129I unconstitutional and invalid.
The judgment, delivered on Friday in the matter brought by the Economic Freedom Fighters (EFF) and another applicant, ATM, found that Parliament acted unlawfully when it declined in December 2022 to adopt the report of the independent panel chaired by former Chief Justice Sandile Ngcobo.
The court subsequently set aside the National Assembly’s decision not to establish an impeachment committee under Section 89 of the Constitution.
Parliament said the ruling means the National Assembly is now constitutionally obliged to revive the process and proceed with an impeachment inquiry framework in line with revised interim rules ordered by the court.
According to Parliament, Didiza will first formally table the independent panel report through the official journals of Parliament before furnishing Ramaphosa with a copy of the report, as directed by the Constitutional Court.
The Speaker will then initiate the process of constituting an impeachment committee in terms of Rules 129J to 129O of the National Assembly rules.
“The Speaker will formally refer the Independent Panel Report to the Impeachment Committee as directed by the Constitutional Court,” Parliament said.
The impeachment committee will be tasked with considering the Section 89 inquiry process contemplated in the Constitution and parliamentary rules.
Parliament further said the Constitutional Court judgment would also be referred to the National Assembly Subcommittee on the Review of Rules to process amendments required following the court’s findings and interim reading-in of Rule 129I.
“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 statement read.
The Speaker is also expected to determine the programme, procedural arrangements and timeframes needed for the impeachment committee to complete its work “effectively, fairly and within the framework of the Constitution and the Rules of the National Assembly”.
Parliament emphasised that it respects the Constitutional Court ruling and would act in full compliance with the judgment.
“The Constitutional Court reaffirms the constitutional obligations of the National Assembly in relation to accountability, oversight and the constitutional mechanisms established under section 89 of the Constitution,” Parliament said.
The ruling has intensified political pressure on Ramaphosa and reopened the politically explosive Phala Phala matter, which centres on the theft of foreign currency from the president’s game farm in Limpopo in 2020.
The independent panel had previously found there was prima facie evidence that Ramaphosa may have violated the Constitution and anti-corruption laws, but the National Assembly voted against proceeding with an impeachment inquiry in December 2022 after the ANC used its majority to block the motion.
Friday’s Constitutional Court ruling effectively overturns that decision and compels Parliament to proceed with the next stages of the impeachment process.
Opposition parties have welcomed the ruling, arguing that it restores accountability mechanisms within Parliament.
The EFF has already written to Didiza demanding the urgent establishment of the impeachment committee, saying Parliament must comply fully with the court order without delay.
The African Transformation Movement has also called for the immediate implementation of the ruling and renewed its calls for Ramaphosa to face an impeachment inquiry.
Parliament indicated that further details regarding the composition and operational arrangements of the impeachment committee would be communicated through parliamentary processes in the coming days.
