By Simon Nare
Parliamentary impeachment committee chair Makashule Gana on Thursday described the establishment of the Section 89 inquiry into President Cyril Ramaphosa’s handling of the theft of foreign currency from his Phala Phala farm as a victory for South Africa’s Constitution.
Addressing a joint sitting of the National Assembly and the National Council of Provinces (NCOP) marking the 30th anniversary of the Constitution, Gana said the committee was the first of its kind in democratic South Africa.
The committee was established after the Constitutional Court found that the National Assembly had failed to follow the correct process in dealing with allegations linked to the theft of foreign currency at Ramaphosa’s Phala Phala game farm.
Ramaphosa challenged the findings of an independent panel in court, arguing that it had applied the wrong standard and failed to present sufficient evidence to justify impeachment proceedings.
The president also threatened legal action to halt the committee’s work pending a court ruling.
However, Gana, addressing the committee for the first time as chairperson earlier this week, said it would continue with its work.
“Our committee is the first of its kind in South Africa and its very formation is a victory for this Constitution and all of us who have dedicated our lives to upholding its principles,” Gana said.
Reflecting on the Constitution’s 30-year journey, Gana said South Africans had much to celebrate but acknowledged that significant challenges remained.
He said the Constitution had shaped the course of his life and laid the foundation for a South Africa based on equality, dignity and freedom.
“Still, we must be honest. We do not yet live in the safe, prosperous, equal and united South Africa that our Constitution envisaged,” he said.
“We do not yet have this South Africa because many in positions of authority have failed in their duty to demand accountability, transparency and ensure that government works for the people.”
The debate exposed differing views on the Constitution’s legacy.
ActionSA member Kgosietsile Letlape said that while the Constitution was widely regarded as one of the world’s best, it had failed to deliver for many South Africans because of shortcomings in leadership rather than flaws in the document itself.
Letlape argued that the Constitution’s preamble, which states that South Africa belongs to all who live in it, created ambiguity by not referring specifically to citizens.
He also criticised constitutional protections that require authorities to provide temporary accommodation to unlawful occupiers facing eviction.
“Any illegal foreigner that occupies land is a form of aggression and should be treated as an act of war,” Letlape said.
African Christian Democratic Party (ACDP) leader Kenneth Meshoe adopted a more conciliatory tone, saying the Constitution guaranteed equality, dignity and security to all people, including foreign nationals.
Meshoe said it was unfortunate that the Constitution’s anniversary coincided with anti-migrant protests in which lives had been lost.
“The ACDP strongly condemns these illegal, hate-fuelled attacks. We call on peace-loving South Africans to love, respect and protect innocent foreign nationals who live among us,” he said.
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