The Impeachment Committee of the South African Parliament, established in June, is yet to finalize its terms of reference due to numerous legal challenges. Chairperson Makashule Gana remains optimistic that the committee will complete its work once the challenges are resolved. The committee was formed to investigate whether President Cyril Ramaphosa should be removed from office over the 2020 Phala Phala farm scandal. Gana stated that he is confident in the committee's ability to finish its work, despite factors outside of their control.
The committee's work has been significantly delayed due to various legal challenges. Almost four months since its first meeting on June 1, the committee has not yet adopted its terms of reference. Gana mentioned that the committee is currently doing what is within its control and waiting for the court's decision on the review application submitted by President Ramaphosa. The committee's intention is to adopt its terms of reference at its next meeting.
The committee has received written submissions from various political parties, which will be consolidated before adoption as its terms of reference. Gana explained that securing the availability of committee members has been challenging due to their other commitments. As a result, most of the committee's work has been done during the constituency period when there are no clashes with other committees.
Parliament has not set a specific deadline for the impeachment committee to conclude its work. However, according to the rules, the committee must deal with the matter "as quickly as possible" within the confines of the law. Gana emphasized that the committee is dealing with the matter without delay, but they cannot disregard court decisions.
The committee has faced several legal challenges, including an urgent court application by President Ramaphosa seeking to interdict its proceedings. The interdict was granted, prohibiting the committee from proceeding with public impeachment hearings pending a determination of the president's review. A court decision on the substantive application to review and set aside the Independent Panel's report is still pending.
On Monday, Gana filed an answering affidavit to the EFF and the African Legal Professional Association's legal challenge of the committee's decision to rescind its recommendation of Advocate Thandazani Madonsela as evidence leader. The EFF approached the Western Cape High Court to safeguard Parliament's independence from executive control and strengthen its duty to hold the executive accountable.
The committee was established under Section 89 of the constitution, outlining the grounds and procedures for removing a president from office. Despite the challenges, Gana remains confident that the committee will complete its work. The committee's progress is closely watched as it deals with a critical matter involving the president's potential impeachment.
Key points
- Impeachment committee chair Makashule Gana confident in completing work despite legal challenges.
- Committee established to investigate President Cyril Ramaphosa's potential impeachment over 2020 Phala Phala farm scandal.
- Parliament has not set a deadline for the committee to conclude its work, but rules require dealing with the matter "as quickly as possible".
