Phala Phala: What will the Section 89 panel do now?

The Section 89 panel tasked to determine whether President Cyril Ramaphosa has a case to answer on Phala Phala will officially start its work.

Section 89

The Presidency confirmed on Monday morning, that Ramaphosa met the deadline to respond to all the submissions made by some MPs.

He was given 10 days from 28 October until Sunday, 6 November, to respond to all the questions and submitted information.

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The African Transformation Movement (ATM) tabled a draft motion calling for Ramaphosa’s removal from office in the terms of the National Assembly’s rules after details on Phala Phala came into the public in June.

Section 89 of the Constitution provides for the National Assembly to remove a president of the republic from office on the grounds of either, serious violation of the Constitution or the law, serious misconduct or an inability to perform the functions of office, while Rule 129A-Q of the National Assembly Rules governs the process of the removal of the president.

The ATM’s motion was then referred to the Section 89 panel for assessment.

What happens now?

In light of the president’s submission, the independent panel will now start to consider all information received, conduct any additional research and deliberate on the facts regarding Phala Phala from Monday until 17 November.

The three-person panel – chaired by former Constitutional Court (ConCourt) Chief Justice, Sandile Ngcobo – will also write and finalise its report in this period.

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The report will then be sent to National Assembly Speaker, Nosiviwe Mapisa-Nqakula, who appointed the panel in August.

Alongside Ngcobo, former Judge Thokozile Masipa and Advocate Mahlape Sello also form part of the panel.

The panel has to make a recommendation in its report on whether sufficient evidence exists to show Ramaphosa committed any of the violations specified in the ATM’s motion or not.

What could happen after?

Ramaphosa could face a section Inquiry if the panel finds that the president has a prima facie case to answer, however, there is a process.

Firstly, the Speaker must immediately table the panel’s report with the findings and recommendations before the National Assembly for consideration once she receives it.

Ramaphosa must also be informed on when the report will be scheduled for the National Assembly to consider and the decision on the report.

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After this, MPs in the National Assembly will have to vote whether the House adopts the resolution that Ramaphosa should face a Section 89 Inquiry, which is a process that may lead to his removal from office.

If approved by the House, a Section 89 Committee will then be established and Ramaphosa will be subjected to impeachment proceedings.

The Section 89 Inquiry will be similar to the Section 194 Inquiry, which suspended Public Protector – Busisiwe Mkhwebane – is currently facing.

A majority of 201 votes would be needed to vote in favour of Ramaphosa’s impeachment if the Section 89 Committee recommend the president’s removal from office.

Investigations

The Public Protector’s office is investigating whether Ramaphosa violated the Executive Members’ Ethics Code by not reporting the February 2020 robbery to the police.

Acting Public Protector Kholeka Gcaleka indicated earlier last month, that the investigation was at an advanced stage.

In addition, the Hawks have processed at least 41 affidavits regarding the robbery.

Meanwhile, the South African Reserve Bank (Sarb) is also investigating the matter since foreign currency was alleged to have been found at the president’s Phala Phala farm in Limpopo.

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