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Impeachment proceedings against Ramaphosa quashed as few rebels voted 'yes' and his loudest critics were nowhere to be seen

Impeachment proceedings against Ramaphosa quashed as few rebels voted 'yes' and his loudest critics were nowhere to be seen
Carl Niehaus addresses the media after being chased away by police from Cape Town City Hall on 13 December 2022. (Photo: Shelley Christians)
Marianne Merten
By Marianne Merten
13 Dec 2022
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President Cyril Ramaphosa was free from possible removal from office — and boosted en route to his second term as ANC president — on the back of ANC numbers in the House on Tuesday. With 214 votes against, 148 for and two abstentions, any parliamentary Phala Phala farm forex impeachment proceedings were shot down.

Just three days before the ANC Nasrec elective conference, Tuesday’s vote in Parliament signalled President Cyril Ramaphosa’s recovery in support of his contest for a second term as party president. And it would have given a measure of satisfaction to his close allies who persuaded him not to resign, and then in rough and ready manoeuvring ensured the recent ANC National Executive Committee (NEC) decision for its deployees in Parliament to vote down the impeachment recommendations.

section 89 votes Votes are counted for the section 89 Independent Panel Report at Cape Town City Hall on 13 December 2022. (Photo: Shelley Christians)



But it was not an unqualified victory — not for Parliament, which again stands accused of failing as the accountability and oversight spear of the state — and also not for the governing ANC.

The State Capture commission reports state that the national legislature failed to act timeously, in keeping with its constitutional responsibilities of oversight and holding to account, adding that party discipline “may not legitimately be directed at obstructing Members of Parliament”.

Party line openly defied


dlamini zuma Nkosazana Dlamini-Zuma voted against President Cyril Ramaphosa during the debate of the section 89 Independent Panel Report at Cape Town City Hall. 13 December 2022. (Photo: Shelley Christians)



In an unprecedented turn of events on Tuesday, a handful of ANC MPs, including Cooperative Governance Minister Nkosazana Dlamini Zuma, openly defied the party line to support impeachment proceedings against Ramaphosa.

“As a disciplined member of the ANC, I vote yes,” said Dlamini Zuma, and the EFF MPs were on their feet applauding.

Other yes votes from the ANC ranks followed — international relations committee chairperson Supra Mahumapelo, stepped-aside transport committee chairperson Mosebenzi Zwane following his corruption trial, tourism committee chairperson Tandi Mahambehlala and Mervyn Dirks, who was dropped from public accounts watchdog Scopa for asking it to investigate the leaked audio tapes of Ramaphosa talking about public resources being used for ANC campaigning.

ramaphosa section 89 Members of Parliament vote for whether the section 89 Independent Panel Report should be allowed to be heard in Parliament. (Photo: Shelley Christians)



Tourism Minister Lindiwe Sisulu, who had been in her seat for the debate, was absent when the vote was called. Also MIA were ANC MP Zweli Mkhize and his party colleagues Bongani Bongo, the ex-home affairs committee chairperson who stepped aside over corruption charges, and appropriations committee chairperson Sfiso Buthelezi.

It’s not the first time ANC MPs have stepped off the party line, but it’s been the only public display of what party national chairperson Gwede Mantashe would slam as ill-discipline.

In August 2017, the 37 ANC legislators who voted with the opposition for a motion of no confidence in Zuma were protected by a secret ballot. Zuma also survived that no-confidence vote, accompanied by party admonishment that the opposition was attempting a coup d’état and regime change. 

Disciplinary steps


section 89 Pemmy Majodina Chief whip of the majority party Pemmy Majodina speaks during the debate of the section 89 Independent Panel Report at Cape Town City Hall on 13 December 2022. (Photo: Shelley Christians)



After Tuesday’s vote, ANC Chief Whip Pemmy Majodina, in an interview with broadcaster Newzroom Afrika, said she’d be writing to the party officials to take the necessary disciplinary steps. 

But it would be a mistake if the ANC believed its defence of Ramaphosa would be the end of the matter, as Justice Minister Ronald Lamola argued the debate itself was holding the President to account. 

The EFF indicated it would urgently approach the courts over Speaker Nosiviwe Mapisa-Nqakula’s refusal to allow a secret ballot. The DA is set to submit a third request for an ad hoc committee to investigate the presidential Phala Phala farm forex theft, which the Speaker can establish even during recess.

section 89 celebrations Celebrations outside  Cape Town City Hall after MPs voted ‘no’ to the Section 89 Independent Panel Report at Cape Town City Hall on 13 December 2022. (Photo: Shelley Christians)



section 89 celebrations Celebrations outside Cape Town City Hall on 13 December 2022. (Photo: Shelley Christians)



Between the courts and the national legislature, the Phala Phala scandal will be kept in the public domain as the 2024 elections, with predictions of declining ANC electoral fortunes, are approaching.

ANC ‘put party over country’


In Tuesday’s parliamentary debate ahead of the vote, opposition parties hammered home that the ANC yet again put party above country.

section 89 steenhuisen DA leader John Steenhuisen speaks during the debate of the section 89 Independent Panel Report at Cape Town City Hall. (Photo: Shelley Christians)



“As long as you have the numbers in Parliament, you can make any scandal go away. If that’s how you intend to vote today — one unified shield against accountability and oversight, just like you did in the Zuma days — then shame on you,” said DA leader John Steenhuisen.

ramaphosa malema The EFF celebrates after a vote of in favour of the section 89 Independent Panel Report at Cape Town City Hall on 13 December 2022. (Photo: Shelley Christians)



section 89 malema EFF leader Julius Malema speaks during the debate on the section 89 Independent Panel Report at Cape Town City Hall. (Photo: Shelley Christians)



EFF leader Julius Malema did not mince his words: “You [Ramaphosa] will be treated as a real constitutional delinquent. We have done so before we will do it again. All of you must know, history will judge you harshly.”  

IFP MP and deputy president Elphas Buthelezi spoke of the damage this matter would do.

section 89 mantashe cele Gwede Mantasha greets Bheki Cele before the debate of the section 89 Independent Panel Report at Cape Town City Hall on 13 December 2022. (Photo: Shelley Christians)



“Regardless of whether this right course of action will be defeated by the President’s party, and regardless of the outcome of the next process, something has been broken that cannot be fixed. South Africa’s trust in the President is irrevocably damaged,” said Buthelezi. 

Freedom Front Plus leader Pieter Groenewald said Ramaphosa should have taken the public into his confidence and answered all the burning questions.

“If there were any respect for the Constitution, the President would have been willing to answer to Parliament’s National Assembly,” he said. 

section 89 vote Members of Parliament vote on 13 December 2022. (Photo: Shelley Christians)



Or as DA Chief Whip Siviwe Gwarube — who said the vote was about accountability, the principle of fairness and the rule of law — put it to ANC MPs: “You will choose party over people. You will choose a cover-up over accountability. You will once again go down in history as the governing party that broke Parliament.”

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African Transformation Movement (ATM) leader Vuyolwethu Zungula, who brought the impeachment motion, tried again to push for a secret ballot, citing intimidation and threats against MPs. It had emerged that Pan-Africanist Congress (PAC) MP Mzwanele Nyhontso went to the Goodwood police station to lay a charge over threatening text messages.

“It’s a watershed moment in Parliament. If the President and his supporters believe he is innocent and has nothing to hide, why is he fighting against a process that would clear his name? Vote for accountability!” 

section 89 protest ANC Women’s League members picket in Hanover Street, District 6, Cape Town in support of President Cyril Ramaphosa on 13 December 2022. (Photo: Gallo Images / Brenton Geach)



section 89 protest ANC Women’s League members picket in Hanover Street, District 6, Cape Town in support of President Cyril Ramaphosa on 13 December 2022. (Photo: Gallo Images / Brenton Geach)



section 89 protest Recently expelled ANC member Carl Niehaus addresses the media after being chased away by police from Cape Town City Hall on 13 December 2022. (Photo: Shelley Christians)



Most opposition parties joined the united front in support of Parliament accepting the Section 89 independent assessment report that recommended an impeachment inquiry over possible serious violations of the Constitution for conflicts of interest and paid outside work, alongside violations of anti-corruption legislation.

The Good Party, whose leader, Patricia de Lille, serves as public works minister, abstained, as did MP Brett Heron. Only Al Jama-ah and Cope supported the ANC push to nix the impeachment recommendation. 

Further procedures


While any parliamentary action on the Section 89 independent assessment panel report has run its course, the Constitutional Court review Ramaphosa has requested to set aside this report continues. 

Also still under way are the probes by the South African Reserve Bank into possible foreign exchange violations, the Hawks on various aspects, but also the possible contravention of anti-graft laws, and the Public Protector’s inquiries under the Executive Ethics Act that bans outside paid work and conflicts of interests.

Read more in Daily Maverick: “As President Ramaphosa faces impeachment, tough political and constitutional decisions await” 

And, crucially, ANC legislators sticking to the NEC marching orders to use their numbers in the House to vote down any presidential impeachment inquiry, signals the lack of qualitative impact of the State Capture commission recommendations. 

“[P]arty discipline may not legitimately be directed at obstructing Members of Parliament from doing what they believe, in good faith, and on reasonable grounds, to be appropriate in order to address concerns as to allegations of corruption or State Capture,” the final commission report said.

“It is inappropriate for a party caucus to resolve not to permit, or to discourage conduct amounting to legitimate parliamentary oversight over the executive.”

Tuesday’s vote may be a short-term gain for the governing ANC, and Ramaphosa, but the longer view is moot. DM

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