Allegations of theft, money laundering and the concealment of torture and kidnapping that have been levelled against enforcement agencies at President Cyril Ramaphosa’s farm, Phala Phala, have since coalesced into an impeachment inquiry on the one hand and, on the other, calls from the official opposition in Parliament, the Democratic Alliance (DA), for an ad hoc parliamentary committee to be set up to verify the claims of wrong doing.
Introducing a debate in the National Assembly on the matter, the DA’s Chief Whip, Ms Siviwe Gwarube, pointed out that such ad hoc committees have been set up before, as in the matter concerning the use of state funds to build former President Jacob Zuma’s homestead in Nkandla. However, in that instance Ms Gwarube pointed out that the Commission of Inquiry on State Capture found that Parliament failed to use the oversight mechanisms available to it to hold the executive to account on allegations of state capture. Parliament later acknowledged that failure.
Now, eight years later, Ms Gwarube continued, another Speaker of the National Assembly, Ms Nosiviwe Mapisa-Nqakula, has refused to set up such a committee to investigate allegations levelled against the current President of money laundering, torture, kidnapping and abuse of state resources for covert operations. “Are we going to shield the sitting President from these crimes due political allegiances, or are we to hold him accountable?” she asked rhetorically. “We all took the oath of office that we would be faithful to both our Constitution and the people of South Africa.” There may be a panel inquiry to consider the impeachment process, but this does not mean that MPs cannot hold their own investigation into the matter.
MP Ms Mina Lesoma for the ruling African National Congress party then replied by explaining that the ANC is against the establishment of an ad hoc committee, as it would undermine due process and the work of other state institutions tasked with enforcing the law. The ANC maintains that such a process would plunge South Africa into a constitutional crisis. The party believes the impeachment inquiry should be allowed to do its work and determine if is there a need to establish Section 194 committee to investigate these allegations.
The Economic Freedom Fighters, meanwhile, is worried that if an ad hoc committee is not established, the gains achieved in the fifth Parliament will be destroyed, explained Ms Omphile Maotwe. Such a committee will enable Parliament to do its work, she stressed. Among other questions, the committee would be able to establish why the burglary was not reported and the role crime intelligence played in the matter.
The Freedom Front Plus’s Mr Wouter Wessels pointed out that the state capture inquiry also grew out of mere allegations, which turned out to be true. If any lessons were learnt from the state capture inquiry, they are that “democracy remains a cliché if those in power can’t be held accountable”, he said.
If the first citizen of the country is deemed unaccountable to the Constitution, what kind of example does this set for other South Africans, asked the Inkatha Freedom Party’s Mr Siphosethu Ngcobo. If the President’s behaviour departs from the ethical requirements of his office, he will be a poor example for others. This committee must be established to give the President an opportunity to explain what happened. “This would strengthen transparency and trust in Parliament,” he said.
Mr Brett Herron for the Good Party said the party supports the impeachment process, but does not support a motion that is highly politicised and does not serve justice. He cautioned that mature politicians committed to due process “should approach matters of such significance with sobriety, not a frivolous motion that seeks to attract publicity. That would not be helpful.”
The African Christian Democratic Party disagreed with this standpoint. Rev Kenneth Meshoe said: “The President has a case to answer and he must answer to the ad hoc committee of the National Assembly, as the Constitution stipulates, not through an impeachment process. We have been vocal on Nkandla allegations; we must do so now, too and ensure that we lead by example all the time.”
Abel Mputing
28 September 2022
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