By Simon Nare
President Cyril Ramaphosa will personally appear before Parliament’s Section 89 Impeachment Committee to account for his handling of the theft of foreign currency at his Phala Phala farm.
This was confirmed by National Assembly Speaker Thoko Didiza during a virtual Rules Committee meeting on Wednesday, which she chaired to adopt the rules that will guide the committee’s proceedings.
“The President will appear personally and will be assisted by his legal team, as the rules have stated,” said Didiza.
Didiza later referred the draft rules back to a subcommittee for clarification after MPs failed to reach agreement on several key provisions.
After hearing arguments from members, Didiza said it would be best to return the rules to the subcommittee to work with the legal team to clarify provisions that remained unclear.
MPs clashed over the requirement that members serving on the Section 89 committee must be “fit and proper”, as well as whether Ramaphosa should be held indirectly accountable for the actions of officials working under him.
Parliament’s legal team presented the draft rules and conceded that the term “fit and proper” had not been clearly defined and was “situational”.
This followed persistent objections from uMkhonto weSizwe Party member Mzwanele Manyi, who argued that the clause was vague and should be amended or removed.
“On the issue of fit and proper, our recommendation is that it be removed for now. Let’s define it thoroughly later, but for now it should go,” said Manyi.
He was supported by Economic Freedom Fighters (EFF) MP Nontando Nolutshungu, who questioned who would determine fitness and propriety, and on what criteria, noting that all MPs are deemed eligible to serve in committees.
ANC Chief Whip Mdumiseni Ntuli said he agreed with parts of Manyi’s argument but proposed that the rules be adopted with the clause intact and revisited later.
Democratic Alliance (DA) Chief Whip George Michalakis supported adoption without amendments.
The legal team also suggested the matter could be opened for public participation to refine the rules, but this was rejected by some members who warned it could delay the impeachment process.
Manyi further argued that if the committee finds Ramaphosa guilty of misconduct, its findings should be adopted by the National Assembly without a vote, saying they should be binding.
That proposal was rejected, with members arguing that the National Assembly retains the final decision-making authority and that the committee’s role is limited to investigating allegations of misconduct.
After prolonged debate, Didiza said it was preferable to resolve contested issues upfront rather than during implementation of the findings.
“So my proposal is that the subcommittee on rules, working with the legal team, must meet urgently, define ‘fit and proper’, and determine who makes that decision so that when we adopt the principles, we are all aligned,” she said.
Asked whether referring the rules back could delay proceedings, Didiza said the committee chair would determine the way forward when it reconvenes.
Committee chair Makashule Gana has previously said the committee is expected to meet later this month and continue its work unless stopped by a court order.
Ramaphosa has, meanwhile, indicated his intention to interdict the committee after filing papers in the Western Cape High Court seeking to review the Independent Panel report, which found he had a case to answer over the Phala Phala matter.
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