Trouble on the horizon?
PHALA PHALA PROBE: PRESIDENT MAY FACE IMPEACHMENT PROCEEDINGS
Integrity commission has already found he brought the ANC into disrepute.
With the parliamentary investigation into President Cyril Ramaphosa’s role in the Phala Phala farm scandal due to conclude on Friday, the country could be plunged into unprecedented political upheaval should the probe find against him.
The investigation by an independent panel established a month ago, could lead to parliament resolving to initiate impeachment proceedings against the president if the panel makes findings against him.
Impeachment proceedings could result in the removal of Ramaphosa, who would be the first sitting head of the state in the country’s history to be removed in that fashion.
However, constitutional law expert Professor Karthy Govender said even if the panel did find against Ramaphosa, MPs would still have to decide whether to go ahead with impeachment proceedings.
What the panel is currently engaged in is a preliminary investigation to establish whether the president has a case to answer.
For Ramaphosa to be removed as the country’s president through an impeachment process, two-thirds of parliament’s 400 MPs would have to vote in favour of his removal.
Parliamentary processes which could result in Ramaphosa’s impeachment were initiated by the African Transformation Movement (ATM), whose position that parliament should hold him to account in relation to the Phala Phala burglary involving millions of US dollars is being backed by several other opposition parties.
While Ramaphosa’s ANC controls the majority of the seats in parliament, the ATM and other opposition parties such as the Economic Freedom Fighters, are hoping some ANC MPs, particularly those opposed to his bid to serve as party president for a second term, turn against him.
Should parliament resolve impeachment proceedings should go ahead, Ramaphosa could be forced to step down before the proceedings are concluded.
This is because of the ANC’s step-aside rules, which are enforced by the ruling party’s integrity commission.
In its preliminary report, the integrity commission found the Phala Phala scandal had brought the ruling party into disrepute.
However, Dr Llewelyn Curlewis, another legal expert, said the integrity commission’s Phala Phala findings had no bearing on the independent panel’s probe.
“Such findings are regarded by the independent panel as hearsay evidence,” Curlewis said. “It’s inadmissible evidence – the panel, which is independent, will only rely on statements submitted to it to reach a decision.”
On whether the 30 days which parliament gave the panel to complete the investigation was enough, particularly in light of the complexity of the Phala Phala case, Curlewis said it was possible for the panel to meet the deadline.
If the panel fails to meet the deadline, it can request an extension from parliament.
The panel, which is chaired by former chief justice Sandile Ngcobo, is due to conclude its investigation at a time when the ANC leadership contest is intensifying before the party’s crucial December national elective conference.
Ramaphosa is facing challenges for the presidency from a number of quarters, including former health minister Zweli Mkhize, Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma and Tourism Minister Lindiwe Sisulu.