Independent Panel report will be adopted by a majority in Parliament, says Malema

EFF leader is confident Parliament will adopt the Section 89 Independent Panel’s report on Tuesday, 6 December, lwhich would lead to impeachment proceedings against President Cyril Ramaphosa. (Photo: Gallo Images / Luba Lesolle)

By Nonkululeko Njilo

5 Dec 2022

EFF leader Julius Malema believes opposition parties have sufficient numbers needed to adopt the Section 89 Independent Panel report when Parliament votes on the matter.

A minimum of a two-thirds majority is required to adopt the Section 89 Independent Panel’s report, which would lead to impeachment proceedings against President Cyril Ramaphosa. Parliament was due to vote on the matter today (Tuesday, 6 December) but the sitting has been postponed by a week

Although the official opposition, the DA, had previously indicated it would vote in favour of the report, EFF leader Julius Malema said he was worried about its position, accusing the party of being “highly conflicted”.

Malema made the remarks on Monday afternoon during a media briefing at the EFF’s headquarters in Johannesburg.

“The ANC people will vote with us... Our worry is not the ANC, it is the DA, it is pretending, it is blowing hot and cold.”

parliament report malema EFF leader Julius Malema is confident Parliament will adopt the Section 89 Independent Panel’s report on Tuesday, 6 December, which would lead to impeachment proceedings against President Cyril Ramaphosa. (Photo: Gallo Images / Luba Lesolle)

Despite worrying about how the DA would vote, Malema said the opposition was united.

“The numbers look proper, they look good from where we are sitting, we’ve got no doubt… all of the opposition is consolidated and the report will be adopted tomorrow.” Malema was speaking hours before the sitting was postponed.

Impeachment committee

If MPs vote in favour of the panel’s recommendation to impeach Ramaphosa, a parliamentary impeachment committee will be established to begin proceedings.

The impeachment committee would ultimately have to make a decision after, among other procedures, public hearings that could include Ramaphosa as a witness. If it decided against removing the President, that would be the end of it. If it decided in favour of Ramaphosa’s impeachment, that decision would go to the National Assembly, where it would need a two-thirds majority to succeed, as Daily Maverick reported.

Malema’s remarks come after the Speaker of Parliament, Nosiviwe Mapisa-Nqakula, declined a request by the African Transformation Movement (ATM) to have the vote on the report held by secret ballot — the vote will take place through the roll call. Malema welcomed this decision.

The ATM’s Vuyolwethu Zungula told Newzroom Afrika: “We view it as a blessing in disguise in a sense that the citizens will see which MPs are against Parliament doing its work.

“If the ANC are voting against the motion, it means citizens will know that the ANC is against oversight, but for lawlessness and is for people that act above the law.”

Instructions

Daily Maverick understands that ANC MPs have been instructed to vote against the adoption of the report.

Malema said: “The ANC must vote against the panel so that South Africans can see who they are. They’re a bunch of corrupt people who’ve got no regard for the laws of South Africa.”

He challenged senior ANC members, including Nkosazana Dlamini Zuma, Supra Mahumapelo and Lindiwe Sisulu, who have publicly called for Ramaphosa to step aside, to vote in favour of adopting the report.

Following the release of the report, the DA called for early elections in terms of sections 49 and 50 of the Constitution.

The release of the report has led to a debate on who would take the reins if Ramaphosa is impeached or resigns.

Read more in Daily Maverick: “Markets most concerned about who would replace Ramaphosa – Enoch Godongwana”

Deputy President David “DD” Mabuza is first in line, followed by a minister designated by the President, a minister designated by the other members of the Cabinet, or Mapisa-Nqakula, who would have to occupy the position until Parliament designates one of its other members.

If Ramaphosa were to resign, according to precedent, it could bring Mabuza into the President’s seat. But Mabuza has dropped in the ANC popularity stakes for a seat on the 80-strong ANC National Executive Committee, all the way down to 115 in the rankings with 210 votes, according to nominations released on Thursday.

Visit Daily Maverick’s home page for more news, analysis and investigations

In an unexpected move, Malema endorsed Mabuza as president, calling him a man of integrity, who is likely to take over Ramaphosa’s job before the New Year.

“We are told that we must be scared of the man. The fearmongering we are experiencing is because DD is not captured by the establishment. If Ramaphosa is clean, why did he appoint DD as a deputy president?

“DD is a man of integrity. DD told the [ANC’s] Integrity Commission that ‘if I am corrupt, don’t swear me [in] as a member of Parliament and deputy president’. DD is likely to deliver the Christmas message as President,” said Malema.

Read more in Daily Maverick: “The Fight Is On: Ramaphosa intends to challenge the Ngcobo Panel Report”

The red berets leader described the report as “comprehensive and concise”.

The report found that Ramaphosa could be guilty of breaching the Preventing and Combating of Corrupt Activities Act 12 of 2004, which places an obligation on persons in positions of authority who know or ought reasonably to have known or suspected that any other person has committed an offence (including theft involving an amount of R100,000 or more), to report such knowledge or suspicion.

Ramaphosa has since filed papers with the Constitutional Court in an attempt to have the findings of the panel reviewed, declared unlawful and set aside. DM

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Impeachment committee

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