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Speaker extends Phala Phala panel's deadline

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Speaker extends Phala Phala panel's deadline

National Assembly Speaker Nosiviwe Mapisa-Nqakula
National Assembly Speaker Nosiviwe Mapisa-Nqakula

16th November 2022

By: News24Wire

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A day before its report is due, National Assembly Speaker Nosiviwe Mapisa-Nqakula has extended the deadline for the independent panel appointed to determine whether there is a prima facie case for President Cyril Ramaphosa's impeachment after the Phala Phala saga.

Parliament announced the extension on Wednesday after chairperson of the panel, former Chief Justice Sandile Ngcobo, wrote to Mapisa-Nqakula.

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"In his letter, the chairperson indicated that the panel had assessed the [inquiry] process to determine if it will meet the submission deadline of Thursday, 17 November 2022, and had, based on its assessment of the amount of ground still to be covered, and the available resources, determined that the [inquiry] should be completed within 13 days, that is by 30 November 2022," reads a statement from Parliamentary spokesperson Moloto Mothapo.

"The panel said the additional time requested was realistic, taking into account the importance of the [inquiry], its complexity, as well as the novelty of the nature of work involved."

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The panel believes that it is in the public interest that an inquiry "of this nature be scrupulously conducted and all the information and submissions placed before it is carefully considered".

In considering the request, Mapisa-Nqakula was mindful that rules governing the Section 89 process do not provide for a deadline extension for the panel to submit its report.

She invoked Rule 6 - which deals with unforeseen circumstances - to accede to the panel's request. In terms of this rule, the speaker may give a ruling or frame a rule in respect of any eventuality for which the rules or orders of the House do not provide, having due regard to the procedures, precedents, practices and conventions developed by the House, and based on constitutional values and principles underpinning an open, accountable and democratic society.

"The speaker concurs with the panel chairperson that the extreme importance of the panel's work to the members of the National Assembly, the president and the people of South Africa, require the panel to carefully consider all the information and submissions placed before it," Mothapo added.

She extended the deadline from 17 November to 30 November.

"The speaker has advised the chief whips of political parties of her decision this morning. The speaker continues to wish the panel well in its work."

On 14, September, Mapisa-Nqakula appointed Ngcobo, Judge Thokozile Masipa and Professor Richard Calland to the panel.

But, before it could start with its work, the Democratic Alliance and Economic Freedom Fighters raised concerns about Calland's alleged bias towards Ramaphosa.

After a discussion with Mapisa-Nqakula, Calland withdrew and Mapisa-Nqakula replaced him with advocate Mahlape Sello, SC.

This meant that the panel started with it is work on 17 October - a month after it was appointed.

All parties represented in Parliament are entitled to make submissions to the panel.

Ramaphosa was also expected to provide a written submission to it, which he did.

The panel isn't allowed to have oral hearings.

In its report, it must include any findings, with reasons, upon which its recommendations are based. It must also include a minority view - if there is one.

The National Assembly will then consider it.

If a simple majority votes in favour of a recommendation that Parliament should investigate Ramaphosa, an impeachment committee will be formed for this purpose.

This will be a similar process to the one under way for suspended Public Protector Busisiwe Mkhwebane.

Mapisa-Nqakula's predecessor, Thandi Modise, also granted an extension to the independent panel that considered whether there was a case against Mkhwebane.

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