ANC abstains as impeachment committee backs evidence leader for Phala Phala inquiry
The ANC abstained from voting on Wednesday as Parliament's impeachment committee recommended Advocate Thandazani Madonsela SC as the evidence leader for the inquiry into the Phala Phala matter involving President Cyril Ramaphosa.
According to African News Agency (ANA), Madonsela secured nine votes to seven for Advocate Kate Hofmeyr SC, with 11 abstentions. The recommendation will now be referred to Parliament, which must complete its procurement processes before an appointment can be finalised.
Madonsela received support from the MK Party, the EFF, the ACDP, Build One South Africa, the African Transformation Movement (ATM) and United Africans Transformation (UAT). Hofmeyr was backed by the Democratic Alliance, the Freedom Front Plus and ActionSA, while the ANC, Patriotic Alliance and Al Jama-ah abstained.
The committee's work remains partially constrained by an interim order from the Western Cape High Court preventing it from holding public hearings pending the outcome of Ramaphosa's review application.
Questions were also raised over whether Parliament could proceed with appointing and paying an evidence leader while the court order remains in force. Committee chairperson Makashule Gana said he did not believe the interdict prevented the recommendation from being made, adding that Parliament's administration would provide guidance on any procedural concerns.
The committee also received legal advice confirming that it has the constitutional authority to summon the president to testify if necessary. Parliament's Constitutional and Legal Services Office further advised that the inquiry should first establish the factual basis of the allegations before requiring Ramaphosa to respond, and recommended that findings be based on cogent, reliable and persuasive evidence rather than adopting either the criminal or civil standard of proof.
The impeachment inquiry stems from the theft of foreign currency from Ramaphosa's Phala Phala game farm in Limpopo in 2020. The Constitutional Court ruled in May that the National Assembly acted irrationally when it rejected an earlier independent panel report that found prima facie evidence the president may have committed serious violations of the Constitution and the law, and ordered Parliament to institute impeachment proceedings.
Ramaphosa is seeking to have the panel's findings reviewed. His application will be heard by the Western Cape High Court from 2 to 4 September, while an interim interdict continues to prevent the committee from holding public hearings.
SOURCE: African News Agency