Parliament’s Section 89 Committee has elected opposition MP Makashule Gana as chairperson of the impeachment inquiry into President Cyril Ramaphosa, following its inaugural meeting this week.
Lawson Naidoo, Director of the Council for the Advancement of the South African Constitution, welcomed the appointment, stating that selecting a chairperson outside the African National Congress strengthens the credibility of the process. “It would have been entirely inappropriate for someone from the ANC, for example, to chair this committee given that it is their president whose conduct will be investigated,” Naidoo said.
Gana, a former Democratic Alliance youth leader and experienced member of parliament, was elected with a comfortable majority among committee members. Naidoo noted that Gana has committed to following constitutional dictates and ensuring an independent, robust process as the committee’s work comes under significant public and media scrutiny.
The impeachment inquiry stems from a motion tabled by ATM’s Vuyo Zungula, which outlined four specific charges against President Ramaphosa. These allegations relate to paid work undertaken in service of the Phala Phala farm and conflicts of interest concerning Major General Wally Rhoode, among other matters. The Constitutional Court previously ruled that parliament must proceed to establish the impeachment committee, and the panel’s mandate is to delve deeper into these four discrete charges and their related evidence.
Naidoo highlighted that Gana’s key challenge will be maintaining focus on the specified charges and preventing the proceedings from becoming a political “free-for-all,” particularly with national elections approaching in a few months.
Regarding President Ramaphosa’s potential response, Naidoo indicated the President appears to be adopting a “wait and see” approach following his recent High Court application. Should the committee proceed with substantive investigative work—such as calling witnesses—pending the outcome of the President’s legal challenge, Ramaphosa may seek a court interdict to halt the process. In his court papers, the President has argued that proceeding based on what he describes as a flawed independent panel report would cause him irreparable harm.
The committee’s immediate next steps include adopting terms of reference for its work, determining whether to appoint an evidence leader, and establishing procedures for questioning—drawing on recent precedents such as the ad hoc committee on allegations raised by General Nhlanhla Mkhwanazi.
Whether the President can convince a court that he would suffer irreparable harm remains the key test for any potential interdict. For now, the Section 89 Committee is positioned to begin its constitutionally mandated task under Gana’s leadership.
