CAPE TOWN – A constitutional law specialist has cautioned against political interference as a 31-member parliamentary committee prepares to begin its inquiry into the Phala Phala matter, emphasizing that the process must remain independent to preserve its credibility.
UNISA School of Law Professor Gaopalelwe Mathiba stated it would be inappropriate for any political party, including the ANC, to predetermine which party should chair the impeachment committee. The body, established under Section 89 of the Constitution, is expected to hold its inaugural meeting in Cape Town tomorrow.
“This committee is tasked with a matter of significant national interest and must be taken seriously beyond party lines,” Professor Mathiba said. He noted that committee members themselves must elect a chairperson from among their ranks, regardless of political affiliation.
Professor Mathiba recalled the precedent set by the recent ad hoc committee, where EFF leader Julius Malema declined nomination as chairperson, resulting in the election of an ANC MP. “Any member of that committee from any political party represented in parliament can be elected as chairperson by their peers,” he explained.
Scope and Procedure Defined
According to Professor Mathiba, the committee’s mandate is strictly confined to the findings outlined in the Section 89 report. Key issues under scrutiny include allegations that the President failed to declare foreign currency discovered hidden in furniture at the Phala Phala property, and that he designated officers from the Presidential Protective Unit to investigate the matter rather than reporting it to the South African Police Service as procedure requires.
“The committee is inquisitorial in nature,” Professor Mathiba noted. “Its terms of reference, scope of inquiry, and witness list will be established during initial proceedings, but all work must revolve around the issues raised in the Section 89 report itself.”
The committee possesses subpoena powers to summon individuals, institutions, or entities believed to hold relevant information. Potential witnesses may include President Ramaphosa, workers at the Phala Phala farm, and private security personnel stationed there.
Timeline Remains Uncertain
When asked about the expected duration of the inquiry, Professor Mathiba indicated that projecting a timeframe is complex. The length of the process will depend on several factors, including the number of witnesses called, their availability, and unforeseen procedural circumstances.
“We have seen in other high-profile committees that key witnesses sometimes do not avail themselves for various reasons, which can extend proceedings,” he said, referencing delays experienced during inquiries involving allegations raised by Lt Gen Nhlanhla Mkhwanazi.
The rules of the National Assembly require that once a multi-party committee is constituted and its members publicly announced by the Speaker, it must convene its first meeting within five days. During tomorrow’s session, members will undertake administrative formalities, elect leadership, and begin defining the operational framework for the inquiry ahead.
Professor Mathiba concluded by reiterating that the integrity of the process depends on its independence. “The credibility of this committee hinges on its ability to operate without political predetermination,” he said.
