Parliament’s Section 89 Impeachment Committee met on Wednesday to deliberate on the nominations for an evidence leader and review the draft terms of reference that will guide its upcoming enquiry, deciding to extend the deadline for parties to consult.
Committee chairperson Makashule Gana announced plans to finalise the consideration of candidates during the committee's next scheduled meeting on Wednesday, July 29.
Following that meeting, the committee will submit a formal recommendation to Parliament, which holds the sole authority to make the final appointment.
Political parties have been granted a strict deadline until 18:00 on Friday to consult with one another. Political parties were previously required to submit their initial nominations by July 10.
This aims to foster broad consensus regarding the enquiry's terms of reference. The resulting recommendations will be officially reviewed with the evidence leader selection on July 29.
In a major development, the committee resolved to seek formal guidance from its legal advisers regarding the legal position of President Cyril Ramaphosa's appearance and testimony.
The sought-after legal counsel must address the appearance requirements regarding the President's testimony before the committee and legal implications if the President elects not to testify during the proceedings.
"The committee must ensure that all its decisions and procedures remain consistent with the Constitution and the law," stated Gana.
"This question has arisen repeatedly in the committee. It is therefore important that we obtain clear legal advice and ensure that the committee remains on the correct side of the law."
The decision comes amid an intensifying legal standoff tied to the ongoing Phala Phala scandal. Last week, Gana represented Parliament in a courtroom battle against Ramaphosa.
The legal friction intensified in June when the Section 89 Impeachment Committee resolved to formally oppose the President's urgent court application. Ramaphosa’s legal bid directly attempts to halt the committee's inquiry and block the impeachment process from moving forward.
The committee also resolved to invite the authors of the Section 89 Independent Panel report to brief it on the report and its findings regarding the Phala Phala matter.
Gana said the committee will write to the members of the panel that was chaired by former Chief Justice Sandile Ngcobo and request that they make themselves available.
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