PRETORIA — The Phala Phala impeachment probe has entered a highly contested phase, with OUTA CEO Wayne Duvenage cautioning that perceived political bias could derail the process just as President Cyril Ramaphosa awaits a pivotal court ruling on his bid to halt the proceedings. As Parliament reopens nominations for the committee’s evidence leader, the push for an unequivocally independent appointment has become a central focal point for maintaining institutional credibility and public trust.
According to Duvenage, the selection committee initially reviewed nine or ten submissions before narrowing the field to four viable candidates. However, political parties have recognized the inherent friction in this shortened list. Anticipating formal objections regarding partiality, lawmakers have opted to broaden the candidate pool and extend the deliberation timeline. Duvenage stressed that securing a robust, entirely independent evidence leader is non-negotiable for all factions, ensuring that every perspective is thoroughly examined without prejudice.
Concurrently, all eyes are on an imminent Friday judgment concerning Ramaphosa’s urgent application for an interdict against the impeachment committee. The President has argued that advancing the probe based on a panel report with untested credibility would irreparably damage his reputation. While the uMkhonto weSizwe Party (MKP) has speculated that the impeachment could devolve into a mere academic exercise should the President resign prematurely, Duvenage views this scenario as improbable. He clarified that the High Court is slated to hear the substantive matter between September 2 and 4, with Friday’s ruling strictly addressing the urgency of the interdict request.
Duvenage noted that judges will likely expedite their decision to prevent systemic delays. Even if the full hearing pushes the timeline back by several months, it remains well within Ramaphosa’s expected tenure, which extends until the ANC’s leadership renewal process concludes in December 2027. The Constitutional Court has already mandated that the parliamentary process must move forward.
Meanwhile, a fierce debate persists over whether Ramaphosa should be compelled to testify as the first witness. Duvenage indicated that the prevailing legal consensus suggests the committee may lack the authority to force his appearance. Should he be subpoenaed, the President could legally invoke the right against self-incrimination, particularly with his urgent court matter pending. This legal standoff is further complicated by partisan divides: the Patriotic Alliance (PA) has firmly aligned with the President’s position, while the African National Congress (ANC) is demanding supplementary reports and information, a dynamic Duvenage believes will inevitably decelerate the terms of reference discussions.
Shifting focus to the Madlanga Inquiry, Duvenage offered a stark assessment of Investigative Directorate Against Corruption (IDAC) head Andrea Johnson’s second day of testimony. He observed that her credibility is rapidly eroding due to emerging inconsistencies. Most notably, Johnson conceded that her office solicited a complaint affidavit from MP Fadiel Adams, a revelation that has drawn intense scrutiny. Additionally, her attempts to distance herself from other sensitive probes, including the arrests linked to Lieutenant-General Dumisani Khumalo, have raised significant red flags.
“Where there is smoke, there is fire,” Duvenage remarked, arguing that an official in such a critical role cannot withstand this level of contradiction. He suggested that these compounding issues leave Ramaphosa with little choice but to dismiss Johnson if she does not voluntarily resign. When pressed on whether Johnson might bypass a formal fitness-to-hold-office inquiry—especially in light of recent developments involving Andrew Chaw’s return to office—Duvenage advised that a proactive resignation is her most prudent option.
However, stepping down would not necessarily shield her from a formal fitness inquiry, particularly given allegations of politically motivated actions surrounding the Khumalo arrests. Furthermore, resignation would not grant her immunity from being subpoenaed to give evidence in future related investigations. Ultimately, Duvenage concluded that a voluntary departure would spare the President the political fallout of a direct dismissal, as the mounting conflicts and inconsistencies serve as unmistakable writing on the wall for her continued tenure.
