Impeachment process against Cyril Ramaphosa officially under way

National Assembly speaker Thoko Didiza has moved to begin an impeachment process against President Cyril Ramaphosa, following last week’s landmark Constitutional Court ruling on the Phala Phala matter.

In a statement issued on Monday, parliament confirmed that Didiza had outlined the process the National Assembly would follow to implement the apex court’s judgment, which struck down rule 129I of the National Assembly’s rules as unconstitutional and invalid.

The Constitutional Court also overturned parliament’s December 13 2022 decision to block the independent Phala Phala panel report from proceeding to a formal impeachment inquiry.

The panel, chaired by former chief justice Sandile Ngcobo, had found there was prima facie evidence that Ramaphosa may have violated the constitution and committed serious misconduct in relation to the 2020 theft of foreign currency from his Phala Phala game farm.

Parliament said the court had now effectively removed the National Assembly’s discretion to halt impeachment proceedings once an independent panel had found sufficient evidence for further investigation.

As part of complying with the judgment, Didiza will formally table the independent panel’s report before the National Assembly and provide Ramaphosa with a copy of the report.

She will also begin the process of establishing an impeachment committee in terms of parliament’s rules to conduct a full section 89 inquiry into the president’s conduct.

“The speaker will formally refer the independent panel report to the impeachment committee as directed by the Constitutional Court,” parliament said.

The court further ordered an interim “reading in” to rule 129I pending formal amendments to Parliament’s rules. Those amendments will now be processed by the National Assembly’s subcommittee on rules review before being sent to the rules committee and eventually the National Assembly for adoption.

Parliament said Didiza would determine the time frames, procedural arrangements and institutional support needed for the impeachment committee to carry out its work.

The speaker also stressed that the judgment dealt specifically with parliament’s constitutional obligations and the procedures governing impeachment under section 89 of the constitution.

Parliament said it remained committed to complying fully with the Constitutional Court’s ruling and to carrying out its constitutional oversight responsibilities in line with the rule of law.

Further details on the composition and programme of the impeachment committee are expected to be announced through parliamentary processes in the coming days.

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