Newly elected Section 89 impeachment committee chairperson Magashule Gana faces an immediate test of his independence .
This after ActionSA criticised his election , arguing that Parliament’s inquiry into President Cyril Ramaphosa’s Phala Phala scandal should have been led by a chairperson drawn from opposition ranks rather than what it described as an ANC-backed Government of National Unity (GNU) candidate.
The Rise Mzansi chief whip was elected on Monday to chair Parliament’s impeachment committee tasked with determining whether there are grounds for Ramaphosa’s removal from office following the Constitutional Court’s decision to revive the long-running Phala Phala scandal.
While Gana’s election formally sets Parliament’s impeachment process in motion, it has also sparked an early political battle over whether the inquiry can command public confidence and operate free from perceptions of political influence.
The criticism stems from Rise Mzansi’s participation in the Government of National Unity, with ActionSA arguing that an impeachment inquiry involving the president should not be chaired by a representative of a party aligned to the governing coalition. Although Rise Mzansi does not hold any Cabinet posts, it forms part of the GNU arrangement and works alongside the ANC in Parliament. Its leader, Songezo Zibi, chairs Parliament’s Standing Committee on Public Accounts (Scopa), one of the legislature’s most influential oversight bodies.
ActionSA argues that the chairperson of an inquiry involving the president should have been drawn from opposition ranks to avoid any perception that the process could be influenced by parties aligned to the governing coalition.
ActionSA, which voted against Gana’s nomination, said accountability processes of such constitutional significance required leadership that was demonstrably independent.
“ActionSA voted against the ANC-sponsored GNU candidate for Chairperson of the Impeachment Committee and in favour of an opposition candidate who represents the independence and impartiality required to lead this vital constitutional process,” the party said.
The party argued that the committee had been established to determine whether there were grounds for the removal of a sitting president and therefore required a chairperson capable of enjoying the confidence of the broader public.
“For this reason, we called for the chairperson to be elected from within the ranks of the opposition and not through an arrangement managed by the ANC,” ActionSA said.
It further warned that the election of an ANC-nominated candidate risked creating a perception that the inquiry may not be sufficiently insulated from political considerations.
“The ultimate test before Parliament is not whether it can protect a president, but whether it can uphold the Constitution and demonstrate that no office bearer is beyond accountability.”
Gana secured 19 votes against 12 for United Africans Transformation leader Dr Lehlohonolo Mahlatsi during the committee’s inaugural sitting.
The election hands the former DA leader one of the most politically consequential assignments in Parliament.
The committee was established following a Constitutional Court ruling in May which declared the National Assembly’s December 2022 decision not to proceed with an impeachment inquiry unconstitutional and invalid.
Parliament had rejected findings by an independent panel chaired by retired Chief Justice Sandile Ngcobo, which concluded there was prima facie evidence that Ramaphosa may have committed serious violations of the Constitution and serious misconduct.
The apex court ordered that the report be referred to an impeachment committee unless it is set aside on review.
Ramaphosa has since launched a court application seeking to review and overturn the panel’s findings.
Despite immense political pressure for Ramaphosa to resign following the ConCourt’s decision, Ramaphosa said the judgement did not compel him to step down and would proceed to take the independent panel’s report on review on an expedited basis.
Meanwhile , after his election, Gana indicated that the committee would continue with its work despite the parallel legal process.
“The Section 89 committee work is now in progress,” he said.
Beyond the political debate surrounding his appointment, Gana now faces the difficult task of steering a 31-member committee made up of representatives from 16 political parties through one of Parliament’s most sensitive accountability processes.
Among his immediate responsibilities will be finalising the committee’s programme of work, determining its terms of reference, deciding whether to appoint an independent evidence leader and establishing procedures for witnesses who may be called to testify.
He will also have to manage often competing political interests within the committee, including members from parties that have been among Ramaphosa’s fiercest critics, while ensuring that proceedings remain focused on fact-finding rather than political point-scoring.
Ultimately, Gana’s biggest challenge may be ensuring that whatever conclusion the committee reaches is accepted by the public as credible, fair and constitutionally sound.
The impeachment process stems from the February 2020 burglary at Ramaphosa’s Phala Phala game farm in Limpopo, where foreign currency was stolen.
The matter came into the public spotlight in June 2022 when former State Security Agency director-general Arthur Fraser laid criminal charges against the president, alleging that he concealed the theft and that suspects were unlawfully pursued following the incident.
Multiple investigations followed, with some institutions clearing Ramaphosa while others continue to examine aspects of the matter. The impeachment committee will now have to determine whether the evidence before it warrants Parliament taking the unprecedented step of recommending the removal of a sitting president.