National Assembly Speaker Nosiviwe Mapisa-Nqakula on Saturday declined a request by the leader of the Democratic Alliance (DA) John Steenhuisen, to set up an Ad Hoc Committee to investigate allegations of theft at President Cyril Ramaphosa’s game farm.
Steenhuisen wrote to the Speaker requesting that she establish the Committee in terms of National Assembly Rule 253(1)(b) – which allows for the establishment of such a committee “during the adjournment of the Assembly for a period of more than 14 days, by the Speaker after consulting the Chief Whip and the most senior whip of each of the other parties.”
The Speaker has declined the request arguing that Rule 253 sets out requirements for the establishment of an Ad hoc Committee, and one of them is the performance of a specific task.
“While the request proposes a committee on Phala Phala, it goes on to list various distinct tasks for investigation. In the nature of the proposed investigation, this is understandable,” said the Speaker.
“However, some of the tasks proposed are arguably, still within the purview of other entities or institutions, including law enforcement, and may indeed necessitate Parliament’s attention in due course.
“At this stage, the various components raised by Steenhuisen for parliamentary intervention are better suited for attention by the existing Parliamentary oversight structures.”
In another matter, the Speaker declined the African Transformation Movement’s (ATM) motion submitted in accordance with the National Assembly Rule 129A to seek the removal of the President in terms of section 89 of the Constitution.
In her letter to Vuyo Zungula of the ATM, the Speaker explained that from reading his submission, she was unable to determine which of the listed grounds in section 89(1) was he relying on.
In terms of Rule 129A (1) (a)(i) to (iii), the motion must be limited to a clearly formulated and substantiated charge on the grounds specified in Section 89 of the Constitution.
The Speaker has advised Zungula to ensure clearly formulated grounds on which his motion relies.
“The services of the Office of Secretary to the NA have in this regard been made available to assist with the technical formulation of the motion, should such assistance be required,” the Speaker wrote.
However, Steenhuisen said the Speaker’s refusal to establish an ad-hoc committee in terms of Rule 253 (1)(b) to investigate allegations surrounding the theft of more than $4 million from Ramaphosa’s Phala Phala residence in February 2020 was a deliberate move “to shield the executive, and the President himself, from the accountability”.
Steenhuisen added: “The Democratic Alliance will urgently be considering its legal options to challenge the Speaker’s decision, based on Rule 253 (1)(b).
“Once again Parliament is standing by and watching while our head of state is mired in serious allegations of theft, kidnapping, and the abuse of state resources – allegations which taint the Office of the Presidency and could render President Ramaphosa wholly unfit to hold public office,”
Ramaphosa has denied any wrongdoing and has insisted that law enforcement authorities investigate the matter.
