As President Cyril Ramaphosa heads to court to review the Independent Panel's report, Parliament is seeking legal advice with the Impeachment Committee scheduled to hold its first meeting on Monday.
Image: GCIS
The Impeachment Committee, which was established to look into the allegations of misconduct by President Cyril Ramaphosa, will hold its first meeting to elect its chairperson on Monday.
The planned meeting will be convened as Parliament is seeking legal advice after Ramaphosa filed an application in the Cape Town High Court earlier this week, to review the Independent Panel’s report.
The report of the panel, chaired by retired Chief Justice Sandile Ngcobo, found there was prima facie evidence that Ramaphosa may have violated the Constitution and other laws in the Phala Phala matter.
The schedule of the Impeachment Committee was announced after the EFF and the ATM made enquiries at the meeting of the Programme Committee on Thursday.
EFF MP Hlengiwe Mkhaliphi was the first to ask about whether the Impeachment Committee has been included in the parliamentary programme.
“When is this committee supposed to start their work? Can I also ask, what is the plan of Parliament since we have seen that the President has taken this matter to court, trying to challenge the Section 89 report?” asked Mkhaliphi.
She wanted to know whether there was clear guidance in terms of parliamentary work.
“Are we going to start the process of impeachment, or are we going to wait until we hear from the court? Mkhaliphi said.
ATM MP Vuyo Zungula said parliamentary rules state that a committee is supposed to sit within five days from its establishment.
“We know that on Monday the Speaker did issue communication about the 31 members of that Impeachment Committee. Now it's Thursday, there is no communication whatsoever about the start of that committee,” Zungula said.
He added that there is no court order that has ruled that the committee cannot sit.
“There is nothing that has given direction or raised questions about that committee not sitting. So we just wanted to find out basically, when we are going to expect the communication,” he said.
Secretary to the National Assembly Masibulele Xaso confirmed that the parliamentary rules indicate the timeframe of the committee sitting, as Zungula had stated.
“We expect that communication will go out to the members in the course of today (Thursday) to inform them about what will happen with the meeting of the committee,” Xaso said.
“The intention is that the committee sits on Monday to elect the chairperson. So we will send a communication in that regard in the course of today,” he added.
Acting Chief Parliamentary Legal Advisor Frank Jenkins said the court papers filed by Ramaphosa were served to Parliament on Wednesday.
“We are taking legal advice from counsel on how the present procedures have been influenced by this application.
“We are waiting for that response to come through, just to advise the members and the committee on that, but we are dealing with it,” Jenkins said.
House chairperson Cedrick Frolick said they were aware of the constitutional implications.
“As soon as there is a way forward, it must be communicated timeously in terms of the establishment of that committee,” Frolick said.
Zungula then asked where the legal advice would be tabled once it is received so that Parliament can take a decision on how to proceed, instead of this decision only being left to the Office of the Speaker.
“This situation involves all 18 political parties in Parliament. The parties must be engaged, and we must not only leave it to the Speaker to decide for the entire institution,” he said.
Mkhaliphi said the Impeachment Committee must sit and elect the chairperson.
She added that the Impeachment Committee was the platform where the legal advice must be tabled.
“Whatever is going to be communicated by Parliament, it will be communicated through that parliamentary process, which is the Impeachment Committee,” said Mkhaliphi.
ANC MP Cameron Dugmore said Parliament would obviously have to apply its mind.
“I would propose that we accept that, and we will be briefed shortly once there is clarity on the matter,” Dugmore said.
mayibongwe.maqhina@inl.co.za