THE FUSE

Compiled by Anita Dangazele

The Section 89 impeachment committee has resolved to appeal the Western Cape High Court’s interdict directly to the Constitutional Court.

The committee has also decided the independent panel’s authors won’t need to appear before it, and will meet again next week to finish its preparatory work.

Parliament’s Section 89 impeachment committee, the body investigating the Phala Phala scandal, has resolved to appeal a Western Cape High Court ruling that paused its work, taking the matter directly to the Constitutional Court.

Committee chairperson Makashule Gana confirmed the decision after the committee met virtually on Wednesday, 29 July.

“We are going to file a notice as the committee to appeal to the Constitutional Court. That’s what we’re going to do. We’re going to have a conversation with the legal team to ensure that the papers are prepared,” Gana said in a video shared on X.

This adds the committee itself to a growing list of parties challenging the same ruling. The EFF, the African Transformation Movement, the MK Party and United Africans Transformation have all filed their own separate direct appeals to the Constitutional Court over the past few days.

Wednesday’s meeting also dealt with the committee’s terms of reference and the appointment of evidence leaders.

The committee decided that the authors of the independent panel report, chaired by former Chief Justice Sandile Ngcobo alongside retired judge Thokozile Masipa and advocate Mahlape Sello, will not be required to appear before the committee to explain their findings.

“We had received a legal opinion that indicated that we don’t need to call the independent panel to come to the committee, and that the evidence leaders will lead us through that report,” Gana said.

The committee did not finish its preparatory work on Wednesday due to time constraints, and will reconvene for two more sessions next week, on Wednesday and Friday, to try to finalise it.

Last week, the Western Cape High Court granted President Cyril Ramaphosa an interim interdict halting the committee’s public hearings, pending his review of the independent panel report. That panel found Ramaphosa has questions to answer over the theft of about $580,000 (roughly R9.6 million) from his Phala Phala game farm in February 2020.

Ramaphosa’s review is set to be heard from 2 to 4 September.

This story has been updated.

Pictured above: Parliament’s Impeachment Committee has resolved to appeal the court ruling that paused its work, joining several political parties already challenging it directly at the Constitutional Court.

Image source: Parliament of the Republic of South Africa

Committee chairperson Makashule Gana confirmed the decision after the committee met virtually on Wednesday, 29 July.

The committee was reportedly divided on whether to challenge the ruling at all: most opposition parties pushed for an appeal, while the ANC, FF Plus and PA argued against it, according to Business Day.

In the end, the committee resolved to proceed.

That panel found Ramaphosa has questions to answer over the theft of about $580,000 (roughly R9.6 million) from his Phala Phala game farm in February 2020. Ramaphosa’s review is set to be heard from 2 to 4 September.

The impeachment committee itself was only established after the Constitutional Court ruled in May that Parliament had acted unlawfully by blocking impeachment proceedings against Ramaphosa back in December 2022. It has 31 members drawn from 16 political parties.

This is a developing story.

Image source: Parliament of the Republic of South Africa