National Assembly Forms Section 89 Committee to Examine Impeachment of President Cyril Ramaphosa
The National Assembly’s Chief Whips’ Forum has reached an agreement on the makeup of the Section 89 Committee, the body tasked with determining whether there is prima facie evidence to launch impeachment proceedings against President Cyril Ramaphosa over the Phala Phala scandal. The decision follows a meeting of party leaders on Wednesday afternoon, during which two competing proposals were presented and debated.
Committee Composition and Party Allocation
The adopted model creates a 31‑member committee. Representation is weighted toward the four largest parties in the National Assembly, while smaller parties receive the remaining seats.
- African National Congress (ANC) – 9 seats
- Democratic Alliance (DA) – 5 seats
- Umkhonto we Sizwe Party (MK Party) – 3 seats
- Economic Freedom Fighters (EFF) – 2 seats
- Remaining 12 seats – distributed among smaller parties
According to the document circulated to party leaders, the four largest parties collectively hold 87.22 % of the National Assembly’s seats. The allocation therefore reflects a “substantially proportional” approach, as required by National Assembly Rule 154(1).
The PAC and GOOD parties will not sit on the committee. Both parties cite potential conflicts of interest because they have members serving in the president’s executive branch, despite each holding only a single seat in the Assembly.
Legal Basis and Procedural Rules
Parliament’s justification rests on two rules:
- Rule 154(1) – entitles parties to committee representation that is substantially proportional to their strength in the House.
- Rule 129K – states that the Impeachment Committee shall consist of such number of MPs as the Speaker may determine, subject to Rule 154, and also requires representation from all parties.
The accompanying note explains that a purely proportional formula would exclude smaller parties entirely; therefore, the committee size was expanded to 31 members to allow at least one representative from each party while preserving a proportional core.
National Assembly Speaker Thoko Didiza is expected to formally notify parties of the committee’s commencement before the end of the day and to call for nominations of MPs to serve on the panel.
Reactions from Political Figures
Vuyo Zungula of the African Transformation Movement (ATM) has been a vocal advocate for parliamentary oversight. In a statement following President Ramaphosa’s announcement that he would accept the independent judicial review panel’s report, Zungula warned:
“It is deeply concerning that judicial review is now being used in a way that appears to call into question the wisdom and authority of the judiciary, particularly when this matter has already been subject to lengthy delay over a period of years.”
He urged the Speaker to be the first to resist any attempt to undermine Parliament’s constitutional mandate to hold the executive to account.
The DA, EFF, and MK Party have all indicated they will nominate members whose track records demonstrate a commitment to accountability and constitutional fidelity.
Background: Phala Phala Scandal and Judicial Review
The controversy centers on allegations that foreign currency was stolen from President Ramaphosa’s Phala Phala game farm in Limpopo in 2020. An independent judicial review panel, chaired by former Chief Justice Sandile Ngcobo, concluded that there is prima facie evidence that the president may have violated the Constitution and committed serious misconduct in connection with the incident.
In December 2022, Parliament initially blocked the impeachment process, but the Constitutional Court overturned that decision, paving the way for the current proceedings. President Ramaphosa has said he will accept the panel’s report, though he retains the right to challenge any subsequent parliamentary findings.
Next Steps and Outlook
With the committee now constituted, the next phase involves:
- Receipt of nominations from each party.
- Formal inauguration of the Section 89 Committee by the Speaker.
- Examination of evidence, witness testimony, and the judicial panel’s report.
- A determination on whether prima facie evidence exists to advance to a full impeachment vote.
Analysts note that the outcome will hinge not only on the factual findings but also on the political dynamics within the committee, particularly given the ANC’s substantial representation. Observers from civil society groups such as the Institute for Security Studies and the Southern African Litigation Centre have emphasized the importance of transparent proceedings to preserve public trust in South Africa’s democratic institutions.
As the process unfolds, the National Assembly’s adherence to its constitutional oversight role will be closely watched both domestically and internationally.
