Phala Phala: Two former Zondo evidence leaders in the running for impeachment committee

CAPE TOWN – Two senior advocates who previously served as evidence leaders at the State Capture Commission, commonly known as the Zondo Commission, are among five candidates shortlisted to become the evidence leader for Parliament’s Section 89 impeachment committee investigating the Phala Phala matter involving President Cyril Ramaphosa. The committee is expected to make its selection when it convenes virtually on Wednesday.

Experienced legal minds shortlisted

The parliamentary committee has received nominations for five senior counsel to serve as evidence leader during the impeachment inquiry.

Among the shortlisted candidates are Advocate Kate Hofmeyr SC and Advocate Vincent Maleka SC, both of whom played prominent roles as evidence leaders during the Zondo Commission’s investigation into allegations of state capture. Their experience in leading complex public inquiries is expected to weigh heavily in the committee’s deliberations.

Critical role in the inquiry

The evidence leader will be responsible for presenting evidence, leading witness testimony and assisting the committee in examining whether there are sufficient grounds for Parliament to recommend the impeachment of President Ramaphosa under Section 89 of the Constitution.

Unlike a prosecutor, the evidence leader’s role is to ensure that relevant facts are placed before the committee fairly and comprehensively, allowing members to reach an informed conclusion based on the evidence presented.

Committee revived after court ruling

The Section 89 impeachment committee was re-established following a court ruling that required Parliament to reconsider aspects of the earlier impeachment process relating to the 2020 burglary at Ramaphosa’s Phala Phala game farm in Limpopo.

The committee comprises Members of Parliament from various political parties and has been tasked with determining whether the President committed a serious violation of the Constitution or the law, engaged in serious misconduct, or is unable to perform the functions of office.

Spotlight on the Phala Phala saga

The Phala Phala controversy centres on the theft of a large sum of foreign currency from President Ramaphosa’s private game farm in 2020.

The matter sparked widespread political debate after allegations emerged regarding the handling of the burglary, the source of the foreign currency and whether state resources were improperly used during the subsequent investigation.

Ramaphosa has consistently denied any wrongdoing and has maintained that the money originated from the legitimate sale of game animals. Various investigations into different aspects of the matter have taken place over the past several years.

Decision expected this week

When the committee meets, one of its first tasks will be to elect an evidence leader from the shortlisted candidates before beginning preparations for the hearings.

The appointment is regarded as a crucial step, as the evidence leader will shape how the inquiry is conducted and ensure that witnesses and documentary evidence are presented in an impartial manner.

What happens next?

Once an evidence leader has been appointed, the committee is expected to determine procedural rules, identify witnesses and set timelines for the impeachment inquiry.

The committee’s work will ultimately culminate in a report to the National Assembly, which will decide whether any further constitutional action should be taken regarding President Ramaphosa and the Phala Phala matter. It is important to note that the committee’s proceedings do not amount to a finding of guilt, but form part of Parliament’s constitutional oversight process.