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Impeachment Committee: 'Only a court can stop the process now'

Theolin Tembo|Published
Opposition parties have raised concerns about impartiality and adhering to constitutional principles following the election of Rise Mzansi Chief Whip, Makashule Gana, as the Impeachment Committee chairperson.

Opposition parties have raised concerns about impartiality and adhering to constitutional principles following the election of Rise Mzansi Chief Whip, Makashule Gana, as the Impeachment Committee chairperson.

Image: ParliamentRSA/Supplied

Chairperson of the Impeachment Committee, Makashule Gana, has said that they hope to have the committee’s next meeting before Parliament goes on recess, but beyond that, it is too soon to give a timeline on proceedings. 

Gana, who represents RISE Mzansi in the National Assembly, alongside the party’s national leader, Songezo Zibi MP, who is also the chairperson of the Standing Committee on Public Accounts (SCOPA), in which they briefed the media on the impeachment committee, the Johannesburg mayoral campaign, and the Gauteng Government of Provincial Unity.

Zibi said that they welcome the election of their Chief Organiser and National Assembly Whip as the chairperson of the country's first impeachment committee.

“We have no doubt that Gana will place the flag and the Constitution above all else. He is not there to defend a party or the Government of National Unity (GNU) position. He is there to steer a process defined by the Constitution and the Rules of the National Assembly.”

Gana said that they are preparing for our first meeting, which he intends to have “before we go on recess, so before the 26th of June”. Gana said that the committee's work can only be halted or stopped when ordered to do so by a competent court.

“No lawyer's letter or anything (will stop us), unless the court decides that we should stop. We are continuing. We're not going to be slowed by anything other than that.

“In terms of being impartial, we will be guided by the rules. I'm the chairperson of the committee. I need to treat all members with respect. You will be able to see in the way that we run the committee whether it is impartial. I don't intend to look only on the side of those who supported my election,” Gana said.

“It's now been seven days. We don't need to go back there. We need to look forward.

There's work that's happening. I'm now the chairperson of the committee. What people say or don't say, it's not for me; I have no control over what people say about me.”

Gana said that the first thing that the committee will have to get right is its terms of reference.

“As you might have seen, the subcommittee on rules last week has given the guidelines that will form the basis on which we come up with the terms of reference, but we'll also have the terms of engagement.

“Once that's agreed, and then we have the matter of evidence leaders, because we need to agree on the process of appointing the evidence leader. You will be able to see the process that we are going to embark on when we appoint the evidence leader,” Gana said.

“How the evidence leaders will be appointed is not something that's done behind closed doors. We want to make that public, to also allow political parties to have their say, and nominate the evidence leaders,” Gana said.

“We’ll only be able to give the time frames once we have the evidence leaders, once we have the witnesses, once we have agreed on the terms of reference and how we want to interact with witnesses, and once we have had a fair analysis of the documents that will be in front of us.

“To give timelines at the moment, it will be wishful thinking on my side. So let's allow the committee to have its second meeting, where we'll deal with the terms of reference, and where we'll deal with the process of appointing the evidence leaders, because it needs to be as inclusive as possible,” Gana said.

Parliament’s Phala Phala impeachment committee, tasked with reviewing allegations against President Cyril Ramaphosa, has drawn criticism from the MK Party over the appointment of Rise Mzansi MP Makashule Gana as chair.

Parliament’s Phala Phala impeachment committee, tasked with reviewing allegations against President Cyril Ramaphosa, has drawn criticism from the MK Party over the appointment of Rise Mzansi MP Makashule Gana as chair.

Image: File picture

On the matter of the committee member, Umkhonto weSizwe Party’s Dr John Hlophe, being able to serve on the committee. He said that the matter is with the Speaker.

“In the subcommittee on rules last week, on Thursday, we were looking at the rules (on the matter). We have referred the matter for a legal opinion. The Speaker will receive the legal opinion, and we'll be able to guide the committee. It's not up to the chairperson of the committee to decide who sees or does not sit in the community.

“We'll be guided by the legal opinion,” Gana said.

“You might remember there was a court case on him serving on the JSC (Judicial Services Commission), and that's in the spirit in which the issue was raised. The legal opinion will be able to guide the Parliament and the committee in terms of his membership on the committee.

“It's not up to me, as the committee chairperson, to decide or not whether he stays in the committee. We will be guided from the Speaker's office.”

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