Call for Impeachment Committee to probe Phala Phala matter premature and misleading

17 August 2022

The allegations by opposition political parties in Parliament that the institution is dragging its feet on the Phala-Phala farm matter are without foundation.
 
In her processing of the correspondence from political parties calling for parliamentary action on the matter, the Speaker of the National Assembly has always acted swiftly and consistent with the rules and the law, thereby demonstrating the seriousness with which Parliament takes not only its oversight role but also the need for such processes to be carried out procedurally. In this regard, the Speaker has always acted without fear, favour or prejudice on oversight matters.
 
Last month, the Speaker received a motion from the African Transformation Movement (ATM) member Mr Vuyo Zungula, submitted in terms of section 89 of the Constitution and Rules 129A-Q of the NA Rules. 
 
 The Speaker had previously declined the motion as it was not compliant with the rules.
 
The motion was deemed compliant after several engagements with the party.
 
The delay in processing this matter was, therefore, never out of the alleged inaction on the part of the Speaker.
 
Rule 129C of the NA Rules provides that when the motion is in order, the Speaker must immediately refer it and supporting documents to an independent panel of experts. The Speaker must appoint the panel after giving political parties represented in the Assembly a reasonable opportunity to put forward nominees and after she has given due consideration to all persons so nominated.
 
The Speaker has accordingly invited political parties to propose names of fit and proper persons to serve on the independent panel for her consideration. In this regard, we welcome the indication by the parties today that they will ensure that they submit before the deadline of 1 September 2022.
 
The independent panel's function is to conduct a preliminary assessment of the motion and evidence and make findings and recommendations to the National Assembly within 30 days on whether sufficient evidence exists to show the President committed any of the violations specified in the motion.
 
Once the panel's work is concluded, it will be tabled in the National Assembly for consideration and decision. As it was previously emphasised, the Panel referral does not in any way constitute an impeachment process. The impeachment process, or a special Section 89 Committee, may only be established based on the findings and recommendations of the panel and following a decision by the House.
 
Therefore, the call today by political parties for the establishment of the impeachment committee to investigate the Phala Phala matters is premature and inconsistent with the NA rules and procedures.
 
It is important that Members understand these transparent processes in the Rules so that South Africans are not misled.
 
The Speaker has also referred some allegations by the Democratic Alliance (DA) leader, Mr John Steenhuisen, to the Joint Standing Committee on Intelligence. Mr Steenhuisen was calling for establishing an ad hoc Committee to investigate the Phala Phala game farm matter. The Speaker believes that some of the allegations warrant consideration by the Joint Standing Committee.

Issued by Moloto Mothapo, Media Officer, Parliament, 18 August 2022