Rise Mzansi Chief Whip, Makashule Gana, is the Impeachment Committee chairperson.
Image: ParliamentRSA/Supplied
Parliament’s Impeachment Committee says President Cyril Ramaphosa’s interdict bid could delay proceedings for years.
In court papers opposing Ramaphosa’s urgent application in the Section 89 enquiry, committee chair Makashule Gana argued that the president is unclear about what he actually wants to interdict the committee from doing.
The committee filed their papers on Monday after National Assembly Speaker Thoko Didiza shared her reasoning for not opposing Ramaphosa’s interdict, which caused anger among several political parties over her stance.
Ramaphosa filed papers in the Western Cape High Court two weeks ago, seeking an interdict against Didiza and Impeachment Committee Chairperson Makashule Gana.
He wants them barred from commencing the impeachment inquiry pending the decision on his review application regarding the Independent Panel report.
Ramaphosa’s papers said a case management meeting was held on June 4, to establish a timeline for the review of the independent panel's report. He explained that he wants the committee’s proceedings to be delayed until after his review application is heard in September.
The committee met last week, in which is decided that it would oppose the president’s interdict.
In the court papers, Gana said that if the president’s review application could mean that the committee's work will remain suspended for a few years, “taking into account that legal processes in courts take time”.
Gana said it is not clear whether the president is suggesting that the committee is “entitled to continue with its preparatory work and hold meetings, but not start the actual hearings of witnesses, or whether he is suggesting that the committee may, in the course of its preparatory work, gather evidence and documentary material but only precluded from hearing oral evidence from witnesses”.
He said this confusion demonstrates the uncertainty of what Ramaphosa is hoping the interdict will achieve.
President Cyril Ramaphosa.
Image: GCIS
Gana also did not hold back in his criticism of the president’s review application as a purely academic exercise.
“The president's review application attacks a report that has already been referred to the Committee by an order of the Constitutional Court. In my view, the outcome of the review will merely be academic because it will not alter order 7 of the Constitutional Court judgment.”
Gana said the committee's obligation is to adhere to the ConCourt judgment without delay.
“The irreparable harm the president alludes to is perceived, especially when one takes into account that the Committee is enjoined to be independent and impartial and must observe the principles of natural justice.
National Assembly Speaker, Thoko Didiza
Image: Tumi Pakkies/ Independent Newspapers
In a statement issued by Parliament, Gana said that the committee will continue with its work and will meet on Wednesday to consider its draft terms of reference and the process for appointing evidence leaders.
The interdict matter is scheduled to be heard in the Western Cape High Court on 15 and 16 July.