Impeachment committee chair says only a court can halt proceedings

Chairperson Makashule Gana said the parliamentary committee handling the Phala Phala impeachment matter hopes to hold its next meeting before Parliament’s recess and that only a court order can stop the committee’s work.

Timing and limits on interruption

Gana, who represents RISE Mzansi in the National Assembly and was elected chair of the Impeachment Committee, told reporters the committee is preparing for its first meeting and aims to convene that meeting “before we go on recess, so before the 26th of June.”

On the question of whether outside letters or legal challenges could halt the committee, Gana said:

“No lawyer’s letter or anything (will stop us), unless the court decides that we should stop. We are continuing. We’re not going to be slowed by anything other than that.”

Impartiality and rules

Concerns have been raised by opposition parties about impartiality after Gana’s election. RISE Mzansi national leader Songezo Zibi, who also chairs SCOPA, welcomed Gana’s election and said the party had “no doubt that Gana will place the flag and the Constitution above all else.” Zibi added that Gana “is not there to defend a party or the Government of National Unity (GNU) position. He is there to steer a process defined by the Constitution and the Rules of the National Assembly.”

Gana said the committee will be “guided by the rules” and that he intends to treat members with respect. He told reporters that the committee’s conduct will demonstrate whether it is impartial and that he does not plan to favour those who supported his election.

Setting the process: terms of reference and evidence leaders

Gana said the first priority for the committee is to agree its terms of reference and the “terms of engagement.” He described recent work by the subcommittee on rules as providing guidelines that will inform the terms of reference.

He also outlined plans for appointing evidence leaders, saying the committee needs to agree on the process and that appointments “is not something that’s done behind closed doors.” He said the process will be public and allow political parties to make nominations.

On setting time frames for the committee’s work, Gana said these will depend on several steps being completed: agreeing the terms of reference, appointing evidence leaders, identifying witnesses, and analysing the documents before the committee. He added that giving timelines now would be “wishful thinking.”

Membership questions referred for legal opinion

The committee has faced criticism over the appointment of Gana as chair. The source also noted criticism from the MK Party concerning Gana’s election.

On the specific case of committee member Dr John Hlophe of the Umkhonto weSizwe Party, Gana said the matter has been referred for a legal opinion and that the Speaker will receive the legal opinion and guide the committee. He said it is not for the chair to decide on Hlophe’s membership and that the committee will be guided by the Speaker’s office.

What the committee will do next

• Hold its next meeting before the 26th of June, if possible.
• Agree terms of reference and terms of engagement.
• Decide on a public process for appointing evidence leaders and allow party nominations.
• Await any court rulings that could legally halt proceedings.

Parliament’s Phala Phala impeachment committee is tasked with reviewing allegations against President Cyril Ramaphosa. The committee’s timeline and next steps will become clearer once the terms of reference and evidence leaders are in place.