Tensions have emerged at the National Assembly’s Rules Subcommittee meeting after the Democratic Alliance (DA) raised concerns over alleged meetings between Speaker Thoko Didiza and President Cyril Ramaphosa’s legal advisers during discussions on the impeachment process.
DA Parliamentary leader, George Michalakis, has questioned whether Didiza should recuse herself from the Phala Phala impeachment process amid reports she met with Ramaphosa’s legal team.
“There were quite a few widespread reports that the speaker had met with the legal advisors of the president. In my opinion, if that is true, it would taint the whole process, and she might have to be, or might have to recuse herself, to protect the integrity of the process. What would be the rules around that?”, Michalakis asked.
Meanwhile, Parliament is considering detailed new rules for how witnesses could testify in a possible impeachment inquiry involving President Cyril Ramaphosa over the Phala Phala matter.
Parliamentary legal adviser, Andrew Breytenbach, says the impeachment committee process could become complex, with members wanting to call witnesses, lawyers cross-examining them, and evidence leaders managing testimony.
Breytenbach says clear rules will be needed to avoid confusion and ensure the inquiry is conducted fairly and within a reasonable timeframe.
“If there is an evidence leader, you might wish to have the evidence leader lead the evidence of the witness and then perhaps ask that witness questions arising from their statement once they’ve made it, followed by cross-examination by the president or the president’s counsel, followed by members’ questions. One would also need to give consideration to whether members would be entitled to bring witnesses, and if so, what the mechanism for that should be. If there is an evidence leader, it seems that it may be sensible for members to, if they want to bring witnesses, to refer them to or introduce them to the evidence leader so that the evidence leaders can interview them, prepare witness statements, lead them, et cetera, as I’ve mentioned.”
