Mapisa-Nqakula refers ATM motion for Phala Phala probe to an independent panel | News24

  • Nosiviwe Mapisa-Nqakula referred the ATM’s name for an inquiry into the Phala Phala saga to an impartial panel. 
  • The panel will determine whether or not Ramaphosa has a case to reply relating to the allegations.
  • The Speaker will appoint the panel as quickly as political events put ahead nominees.

National Assembly Speaker Nosiviwe Mapisa-Nqakula referred the African Transformation Movement’s (ATM) name for Parliament to arrange an inquiry into the Phala Phala saga to an impartial panel. 

This panel will determine whether or not President Cyril Ramaphosa shall be topic to a course of which will result in his removing from workplace. 

In her response to the ATM, who had filed the preliminary request for a Section 89 inquiry to be arrange, and subsequently needed to file one other software, Mapisa-Nqakula mentioned the second request had been profitable.

Parliament’s spokesperson, Moloto Mothapo, mentioned: “The Speaker of the National Assembly, Ms Nosiviwe Mapisa-Nqakula, considers the motion submitted in terms of Section 89 of the Constitution and Rule 129A-Q of the National Assembly Rules, as introduced by the African Transformation Movement (ATM) member Mr Vuyo Zungula, to be compliant in accordance with the rules.”

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Section 89 of the Constitution offers for the National Assembly to take away a president of the Republic from workplace on the grounds of both, severe violation of the Constitution or the legislation, severe misconduct or an incapability to carry out the capabilities of workplace. 

In line with that, the National Assembly authorised Rule 129A-Q, which governs the method of the removing of the president. 

In her personal response to the ATM, seen by News24, Mapisa-Nqakula mentioned: “Now that the motion complied with the Rule, the other steps, as per the rules, will follow, including the appointment of the independent panel.” 

The panel will determine whether or not Ramaphosa has a case to reply on the allegations of cash laundering, amongst others, associated to a theft at his Phala Phala farm. 

Mothapo mentioned the Speaker had initially declined the movement as a result of it was not compliant with the relevant Rules of the National Assembly – however, following engagements with Zungula, an amended model of the movement was subsequently submitted on 18 July 2022. 

READ | Phala Phala saga: Speaker needs more time to consider push for inquiry against Ramaphosa

He added that, when it comes to the Rules, the Speaker should appoint the panel after giving political events represented within the Assembly an affordable alternative to place ahead nominees, and after she has given due consideration to all individuals nominated. 

“The function of the independent panel is to conduct a preliminary assessment of the proposed motion and, in so doing, must, in terms of Rule 129G, make a recommendation to the Speaker within 30 days, whether sufficient evidence exists to show the president committed any of the violations specified in the motion,” mentioned Mothapo. 

He mentioned the panel referral, due to this fact, didn’t represent a parliamentary impeachment course of, however an evaluation of the equipped proof by authorized and constitutional consultants to find out if, when it comes to the Constitution, it’s sufficient to warrant an extra course of.

Speaking to News24, Zungula mentioned: “What we want, as the ATM, now is that this committee must sit without delay because it’s been two months already since we made the application, so we expect the appointment of the independent panel to be done as soon as possible, and the panel must not be given too much time to submit their report.”

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