Makashule Gana, an opposition member of parliament and former Democratic Alliance youth leader, has been elected to lead the Section 89 Committee tasked with conducting an impeachment inquiry into President Cyril Ramaphosa. The decision was reached during the committee’s first official session.
Lawson Naidoo, Director of the Council for the Advancement of the South African Constitution, described the selection as a positive development for the integrity of the proceedings. “It would have been entirely inappropriate for someone from the ANC, for example, to chair this committee given that it is their president whose conduct will be investigated,” Naidoo stated. He added that Gana’s election with a comfortable majority of committee votes reflects a consensus aimed at ensuring impartiality.
According to Naidoo, Gana has pledged to adhere strictly to constitutional principles and to facilitate an independent, thorough process. The inquiry is expected to attract intense public and media attention, placing additional responsibility on the chairperson to maintain procedural fairness.
The impeachment process originates from a motion introduced in the National Assembly by ATM’s Vuyo Zungula, which set forth four distinct allegations against President Ramaphosa. These include claims related to remunerated work connected to the Phala Phala farm and potential conflicts of interest involving Major General Wally Rhoode. The Constitutional Court previously directed parliament to establish the inquiry committee, and its mandate is confined to examining these four specific matters and their supporting evidence.
Naidoo emphasized that one of Gana’s primary responsibilities will be to keep the committee’s focus on the defined charges, resisting pressures to broaden the scope into a politically driven investigation. This challenge is heightened by the proximity of national elections, scheduled within the coming months.
On the question of President Ramaphosa’s stance, Naidoo noted the President appears to be monitoring developments following a recent High Court application. Should the committee advance to substantive investigative phases—such as summoning witnesses—while the President’s legal challenge remains unresolved, Ramaphosa has indicated he may approach the courts for an interdict to pause proceedings. His affidavit contends that allowing the inquiry to proceed on the basis of what he characterizes as a defective independent panel report would inflict irreparable harm.
In the immediate term, the committee is expected to finalize its terms of reference, consider the appointment of an evidence leader, and establish protocols for questioning and time allocation among parties. These procedural decisions may draw from recent parliamentary precedents, including the ad hoc committee that examined allegations involving General Nhlanhla Mkhwanazi.
The outcome of any potential application by the President for an interdict will hinge on whether he can persuade a court that proceeding with the inquiry would cause irreparable damage. Until then, the Section 89 Committee, under Gana’s chairmanship, is set to advance its constitutionally mandated review.