As a 31-member parliamentary committee prepares to convene its first session on the Phala Phala matter, legal experts are urging political parties to allow the process to unfold without partisan interference.
UNISA School of Law Professor Gaopalelwe Mathiba emphasized that the credibility of the inquiry depends on its independence, cautioning that it would be improper for the ANC—or any party—to pre-select the committee’s chairperson. The body, constituted under Section 89 of the Constitution, is scheduled to hold its inaugural meeting in Cape Town tomorrow.
“The election of a chairperson must be left to the committee members themselves,” Professor Mathiba stated. “This is a matter of profound national importance that transcends political affiliations.”
He pointed to a recent ad hoc committee as a guiding example: EFF leader Julius Malema was nominated for chair but declined, paving the way for ANC MP Mr. Leani to be elected by peers. “This demonstrates that any representative from any party in parliament may legitimately assume leadership, provided they are chosen by the committee,” he explained.
Mandate Rooted in Section 89 Findings
Professor Mathiba clarified that the committee’s authority is strictly limited to the allegations detailed in the Section 89 report. Central to the inquiry are two findings: that the President did not declare foreign currency recovered from furniture at the Phala Phala residence, and that he assigned officers from the Presidential Protective Unit to probe the incident rather than referring it to the South African Police Service as required by protocol.
“As an inquisitorial body, the committee will establish its own terms of reference, define the scope of investigation, and identify relevant witnesses,” he said. “However, every step must remain anchored to the matters raised in the Section 89 report.”
The committee holds subpoena authority, enabling it to compel testimony from individuals, organizations, or institutions deemed to possess pertinent information. Among those who may be called to appear are President Ramaphosa, staff employed at the Phala Phala farm, and private security personnel who operated on the property.
Duration Difficult to Forecast
Addressing questions about the inquiry’s timeline, Professor Mathiba noted that estimating its length is challenging. Variables include the volume of witnesses summoned, scheduling constraints, and potential procedural delays.
“Past committees have experienced extensions when key witnesses were unavailable,” he observed, citing proceedings related to allegations raised by Lt Gen Nhlanhla Mkhwanazi, where several critical participants did not present themselves as expected.
Under National Assembly rules, once the Speaker publicly announces the composition of a multi-party committee—ensuring representation from all parties with parliamentary seats—the body must hold its first meeting within five days. Tomorrow’s session will focus on internal elections, administrative setup, and finalizing the framework for the investigation ahead.
Professor Mathiba closed by reaffirming that public trust in the process rests on its impartial execution. “When leadership and procedure are allowed to develop organically, free from external political direction, the committee stands the best chance of delivering a credible outcome,” he said.