Mkhwebane impeachment: ‘Don’t subpoena Ramaphosa’, says Parliament’s legal services

Parliament’s legal services has advised against summoning President Cyril Ramaphosa to testify before the parliamentary impeachment committee looking into suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office.

This was revealed on Tuesday morning, by Parliament’s legal services during the meeting of the Section 194 Committee.

Mkhwebane’s legal team had previously written to Ramaphosa’s office on 19 July, requesting him to voluntarily appear before the committee, but the president declined the invite.

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Mkhwebane wanted Ramaphosa to testify in relation to some of the charges she faces before the impeachment committee.

These matters related to – among others – the suspension of the Public Protector by Ramaphosa in June, the legal review of Mkhwebane’s report into the CR17 campaign funds, and accusations of perjury made by Ramaphosa against her.

Last week, the suspended public protector’s legal team resolved to write a letter to committee chairperson, Qubudile Dyantyi, requesting him to summon Ramaphosa to appear and testify on the matters.

Dyantyi then referred the request to Parliament’s legal services for advice.

Litigation processes

During Tuesday’s meeting, the committee’s legal advisor, Fatima Ebrahim of Parliament’s legal services, said Ramaphosa should not be called to answer questions related to the suspension of Mkhwebane and the current litigation processes before the courts.

“This committee is neither empowered nor seized with any inquiry into the suspension of the Public Protector which, in terms of section 194(3) of the Constitution, is a prerogative of the president. The appropriate forum to deal with such matters remains the courts,” she said.

Ebrahim said the committee could use its constitutional powers to subpoena the president (or any other person) to provide information that is necessary for it to determine the veracity of the charges against Mkhwebane.

This included information sought that is within the personal knowledge of the person and not available through other less restrictive means.  

CR17 campaign

Ebrahim said Mkhwebane requested that the president be summonsed to answer questions in relation to the funding of his 2017 ANC presidential campaign, which had already been settled by the courts.

“The president, as the subject matter of the CR17 report, was not involved in the investigation, drafting or issuing of the CR17 report and it is that process that is ultimately to be scrutinised by this committee.

“The president’s version in relation to the events that led to the complaints against him and the subsequent challenge to the report forms part of the court record and is contained in sworn affidavits. The evidence of the president is thus readily available.”

Should the Section 194 Committee want to summon Ramaphosa to come and testify in the near future, Parliament’s legal services advised that the committee should re-invite him before proceeding with the issuing of a summons.

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