By Johnathan Paoli
National Assembly Speaker Thoko Didiza has confirmed that Parliament will begin the process of establishing an impeachment committee to consider the Section 89 inquiry report into President Cyril Ramaphosa following last week’s landmark Constitutional Court ruling on the Phala Phala scandal.
In a statement on Monday, Didiza said the NA would fully comply with the apex court’s order, which declared Rule 129I of the assembly’s rules unconstitutional and invalid, and set aside Parliament’s 2022 decision not to refer the Section 89 panel report to an impeachment committee.
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“The Speaker will initiate the process to constitute the Impeachment Committee in terms of Rules 129J to 129O of the Rules of the National Assembly to consider the section 89 inquiry process contemplated in the Constitution and the Rules of the Assembly,” the statement read.
Didiza confirmed that the independent panel report into the Phala Phala matter would formally be referred to the impeachment committee, as directed by the con court.
Among the immediate steps outlined, the Speaker will formally table the independent panel report through Parliament’s official gazette and provide Ramaphosa with a copy of the report, as required by the ruling.
The Speaker will also refer the judgment to the Subcommittee on the Review of Rules to process amendments required by the ruling.
“The Subcommittee will report on its work to the Rules Committee, which will in turn submit its recommendations to the National Assembly for consideration,” the statement said.
Didiza added that the Speaker would determine the appropriate programme, procedural arrangements, timeframes and institutional support measures necessary to enable the impeachment committee to undertake and finalise its work effectively, fairly and within the framework of the Constitution and the rules of the NA.
The con court ruling also introduced interim wording for Rule 129I pending formal amendments to Parliament’s rules.
Under the revised interpretation, once an independent panel concludes that sufficient evidence exists for a Section 89 inquiry, the matter must automatically be referred to an impeachment committee.
If the panel finds insufficient evidence, the NA may still vote to proceed with an inquiry.
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The ruling represents a major political and constitutional setback for Ramaphosa, whose handling of the Phala Phala matter has remained a source of controversy since former State Security Agency director-general Arthur Fraser laid criminal charges against him in 2022.
Parliament said the judgment reaffirmed the constitutional obligations of the NA in relation to accountability, oversight and the constitutional mechanisms established under section 89 of the Constitution.
“Parliament remains committed to discharging these constitutional responsibilities with due regard to constitutionalism, legality, fairness, institutional integrity and the rule of law,” the statement said.
Friday’s judgment effectively revived the impeachment process against Ramaphosa, nearly three-and-a-half years after the NA voted against advancing the inquiry.
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The case stemmed from a challenge brought by the Economic Freedom Fighters and the African Transformation Movement after Parliament rejected the findings of an independent Section 89 panel chaired by former Chief Justice Sandile Ngcobo in December 2022.
That panel had found prima facie evidence that Ramaphosa may have serious questions to answer regarding the theft of about $580 000 in cash allegedly stolen from his Phala Phala game farm in Limpopo in February 2020.
At the time, the ANC used its parliamentary majority to block the report from proceeding to an impeachment inquiry.
In Friday’s ruling, Chief Justice Mandisa Maya apologised for the lengthy delay in handing down judgment, more than 500 days after arguments were heard in November 2024.
Delivering the majority judgment, Maya said the court found that Rule 129I effectively prevented meaningful engagement by MPs on whether impeachment proceedings should continue.
She said the rule undermined constitutional principles of accountability and transparency and was therefore inconsistent with the Constitution.
The court consequently set aside both the rule and the NA’s December 2022 decision rejecting the panel report.
