ANC’s Position on the Section 89 Parliamentary Process
Procedural Neutrality
ANC secretary‑general Fikile Mbalula told reporters that the party’s stance on the Section 89 matter is one of procedural neutrality. He said the ANC will not take a position on the merits of the case but will focus only on how Parliament conducts the inquiry.
Following the Constitutional Court Ruling
The process is moving forward under a binding Constitutional Court judgment. Draft terms of reference for the committee are open for party submissions until Friday, 10 July. Mbalula stressed that the ANC will participate as an amicus curiae, limited to advice on parliamentary procedure and sequencing.
President Ramaphosa Not Involved
Mbalula dismissed suggestions that President Cyril Ramaphosa is influencing the discussions. He reiterated that the president is not part of the conversation and asked that this be placed on record.
Shielding the Speaker
Speaker Thoko Didiza, who sits on the ANC’s National Executive Committee and National Working Committee, has been kept out of the discussions to avoid any perception of improper influence.
Internal Debate ≠ Party Position
He warned against treating internal disagreements as formal ANC positions. “A discussion where there are different points of view cannot be elevated to a position of the ANC,” Mbalula said, adding that the party issued a statement to correct any misrepresentations of its internal deliberations.
Evidence Standards
On the substance of the inquiry, Mbalula said the ANC will not support the admissibility of untested hearsay. He argued that an investigation of this gravity requires evidence that has been tested under oath.
Waiting for Legal Clarity
Mbalula urged Parliament to consider whether to proceed immediately or wait for a court case expected in September. He argued that waiting would provide legal finality and a solid foundation for any decision.
“It is wise and economical to wait because the September court case gives Parliament itself finality and a foundation. That is it.”
Lessons from the Nkandla Episode
He referenced the Nkandla impeachment process, noting that Parliament had acted on the Public Protector’s findings before they were tested in court, leading to an ad hoc committee later deemed unlawful and unconstitutional.
“We did not do what we did in Nkandla when Thuli Madonsela said this and we went to do an illegality,” Mbalula said. He stressed that today’s situation is different because the Public Protector’s recommendations have already been confirmed by the courts.
Conclusion
Mbalula concluded that the Section 89 process should be approached with caution, allowing judicial processes to reach finality before Parliament decides on any possible high crimes or misdemeanours by President Ramaphosa. Waiting for the September court ruling, he said, would provide the clarity and legitimacy needed for a sound parliamentary decision.
