The section 89 inquiry panel tasked with determining President Cyril Ramaphosa's involvement the Phala Phala farm scandal began its work on Wednesday.
National Assembly Speaker Nosiviwe Mapisa-Nqakula appointed the Section 89 inquiry panel, following a motion from African Transformation Movement (ATM) leader Vuyolwethu Zungula for Ramaphosa's removal.
The three-member panel led by retired chief Justice Sandile Ngcobo as chairperson alongside retired Judge Thokozile Masipa and advocate Mahlape Sello got to work after delays in its appointment last month.
Sello recently replaced UCT associate professor Richard Calland who was forced to recuse himself from the panel after some of the opposition parties complained he was biased. Calland, who in the past publicly voiced his support for Ramaphosa's second term as ANC president, was viewed as someone who lacked objectivity in matters involving Ramaphosa.
Section 89 of the Constitution states that a sitting president can be removed from office on grounds of serious violation of the Constitution or law or serious misconduct, or inability to perform their duties. The panel is probing allegations against Ramaphosa of serious violation of the Constitution to see if there are grounds for his impeachment.
Some of the charges against Ramaphosa include whether he violated the Constitution by taking on paid work after he admitted to engaging in the sale of game at his farm. Members of the Cabinet, including ministers, are not permitted to take on paid work. The second charge relates to establishing whether he violated laws governing the reporting of crime or theft.
After finding out about the theft of more than R60 million in foreign currency hidden at his farm, Ramaphosa failed to inform law enforcement agencies and instead chose to report the matter to his head of security, Wally Rhoode, to investigate the matter clandestinely, going as far as using state resources to bring the perpetrators to South Africa after they had skipped the country to Namibia. It is these aspects that the inquiry seeks to investigate.
The panel has 30 days to complete its work.
The African Transformation Movement (ATM) said it hoped the panel would apply the law without fear or favour. “Public confidence in the justice system will be boosted if the panel is seen to have conducted the assessment with the view to affirm the directive of the Constitution,” said ATM spokesperson Sibusiso Mncwabe.
He added that the Constitution was clear on the violations that were made by the president against his office and the Constitution.
“We are confident that the panel will find in our favour that the president indeed violated the Constitution by conducting paid work, which he himself has admitted to. We just hope that there will be no political interference and that the work of the panel will be independent,” he said.