JOHANNESBURG - President Cyril Ramaphosa’s decision to take the Section 89 panel report on the Phala Phala farm matter on judicial review will not halt Parliament’s impeachment inquiry.
This is according to constitutional law expert Lufuno Nevondwe, who said the court review process will run concurrently with Parliament’s impeachment proceedings.
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He said the impeachment committee is expected to continue its work unless the Section 89 panel report is set aside by the courts.
“Remember, the panel report was conducting a preliminary investigation to check if there is sufficient evidence or prima facie evidence for the President to answer in terms of a violation of the Constitution, or in terms of even violating his oath of office," he said.
In 2022, Ramaphosa first sought to challenge the report but later abandoned the plan after Parliament voted to scrap it.
Now, after the Constitutional Court ruled Parliament’s decision unlawful, Ramaphosa has revived his bid to challenge the report.
The impeachment committee, which will investigate the 2020 Phala Phala farm theft and the Section 89 independent panel report, has now been confirmed.
In a statement on Wednesday, Parliament said the committee would consist of 31 members drawn from the 16 political parties represented in the National Assembly.
The decision followed a meeting of chief whips.
Political parties have been requested to submit the names of members who will serve on the committee to the National Assembly Secretariat.
The African National Congress (ANC) secured the largest share of representation with nine seats, followed by the Democratic Alliance (DA) with five, the uMkhonto weSizwe Party (MK Party) with three and the Economic Freedom Fighters (EFF) with two.
These are the four biggest parties represented in Parliament. The remaining parties will each receive one seat.
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Nevondwe anticipates a lengthy process ahead, as the committee must still determine its terms of reference, call witnesses and hear evidence.
“You might have seen with other commissions of inquiry, how they've requested extensions after extensions. So even here, the process will be long, depending on the number of witnesses who will come before the impeachment committee to provide the evidence," he added.