Tag Archives: Makashule Gana

Impeachment Committee Chairperson files affidavit opposing Ramaposa interdict

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Picture: The Chairperson of the Impeachment Committee on Section 89 Enquiry, Makashule Gana

By OBAKENG MAJE

22 June 2026 – The Chairperson of the Impeachment Committee on Section 89 Enquiry, Makashule Gana, today filed an affidavit opposing the urgent application brought by the Republic of South Africa (RSA) president, Cyril Ramaphosa to interdict the committee from carrying out its work. Gana said the matter is scheduled to be heard in the Western Cape High Court on 15 and 16 July 2026.

“The committee will continue with its work and will meet on 24 June 2026, to consider its draft terms of reference and the process for appointing evidence leaders,” he said.

Meanwhile, the National Assembly (NA) speaker, Thoko Didiza has resolved to file a notice to abide by an explanatory affidavit alongside the Impeachment Committee’s opposition papers. Didiza said the purpose of the explanatory affidavit is to assist the court with aspects it must consider to make its final determination, including the stringent constitutional obligations on the NA to proceed with and finalise the Section 89 proceedings.

She further said the content of the explanatory affidavit is believed to be consistent not only with the stance adopted by the Impeachment Committee, but also with the actions of the Speaker since the Constitutional Court judgment. Didiza added that in the past weeks, the President’s legal team had approached the Speaker’s Office with a proposal to halt the commencement of the work of the Impeachment Committee until the matter has been disposed of in the Western Cape High Court.

“This request was not acceded to, because doing so would have been in contempt of the court, and in terms of the Rules of the National Assembly, the matter is in the hands of the Impeachment Committee, which should not be interfered with.

“Pursuant thereto, the President has now filed for an urgent interdict to halt the committee’s work pending the finalisation of the Review Application. Such an interdict application was also served on Gana,” she said.  

Didiza said the committee has met to consider its response to the application and concluded that it will oppose the application as a committee and that it will also approach the Speaker to support its position. Subsequently, she was approached by Gana, with the request to oppose the President’s application.

“Some political parties in Parliament have also approached me with their own views about the matter. I, having considered all the views and processes, concluded that it will be important to file a notice to abide by an explanatory affidavit to complement the committee’s opposition papers.

“Most importantly, to explain to the court what parliament has done to comply with the judgment of the Constitutional Court. Given the content of the explanatory affidavit, I believe that the stance adopted is not only necessary, but is entirely consistent with the respective roles and responsibilities of the assembly versus those of the Impeachment Committee,” said Didiza.

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Committee challenges Ramaphosa’s court bid

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Picture: RSA president, Cyril Ramaphosa

By OBAKENG MAJE

21 June 2026 – Action SA said it welcomes the decision by Parliament’s Section 89 Impeachment Committee to oppose the Republic of South Africa (RSA) president, Cyril Ramaphosa’s application to interdict the committee from carrying out its constitutional responsibilities. This comes after Action SA’s letter to both the Speaker of the National Assembly (NA), Thoko Didiza and the Chairperson of the Committee, Makashule Gana, urging Parliament to resist any attempt to frustrate the implementation of the Constitutional Court’s judgment on the Phala Phala matter.

The Daily Maverick said Parliament’s impeachment committee has resolved to oppose Ramaphosa’s urgent interdict application to halt its work while he challenges the report that found he has a case to answer regarding the Phala Phala saga. The interdict case will essentially determine whether Ramaphosa can delay his impeachment hearing, possibly for years if appeals are considered and avoid tough and potentially embarrassing and damaging questions regarding his response to the theft of at least $580,000 from his Phala Phala farm in 2020.

Action SA Member of Parliament (MP), Athol Trollip said the committee’s decision is a victory for constitutional accountability and parliamentary independence. Trollip said Parliament has a constitutional duty to hold the executive accountable, to exercise oversight over the conduct of public office bearers and to ensure that no person, regardless of their office, is placed beyond scrutiny.

“The Section 89 Committee exists precisely to determine whether the conduct of the President warrants the serious constitutional consequences contemplated by Section 89 of the Constitution. That process must be allowed to proceed without interference, delay, or political shielding.

“Action SA notes with concern the prevalence of certain parties within the Government of National Unity, many of whom have sought to speak out of both sides of their mouths by professing support for accountability, while simultaneously avoiding a clear position on the President’s attempt to halt the inquiry,” he said.

Trollip further said South Africans deserve honesty from those parties. He added that they must decide whether they stand for constitutional accountability or political expediency.

Meanwhile, the NA Speaker, Thoko Didiza said: “I have resolved to file a notice to abide by an explanatory Affidavit alongside the Impeachment Committee’s opposition papers. The purpose of the explanatory affidavit is to assist the Court with aspects it must consider to make its final determination, including the stringent constitutional obligations on the National Assembly to proceed with and finalise the section 89 proceedings.

“The content of the explanatory affidavit is believed to be consistent not only with the stance adopted by the Impeachment Committee but also with the actions of the Speaker since the Constitutional Court judgment.”

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