ANC secretary-general Fikile Mbalula has defended President Cyril Ramaphosa and National Assembly Speaker Thoko Didiza, insisting both acted appropriately in the legal dispute surrounding the Section 89 impeachment process arising from the Phala Phala scandal.
Speaking at Luthuli House on Thursday, Mbalula dismissed claims that the ANC was attempting to shield Ramaphosa from parliamentary scrutiny, arguing instead that the party was committed to ensuring Parliament follows the Constitution and established legal processes.
His remarks come as political tensions mount over the future of the Section 89 process after the Constitutional Court earlier this month ruled that Parliament must reconsider the impeachment inquiry into Ramaphosa.
Speaker acted impartially
Mbalula said criticism directed at Didiza was misplaced, maintaining that the Speaker had acted impartially and in accordance with her constitutional obligations.
“The institution of the National Assembly must remain neutral, and the Speaker is properly preserving that neutrality by filing a notice to abide by the decision of the court.”
He said Didiza had acted “correctly, constitutionally, and with complete propriety throughout” and warned against attempts to drag the Speaker into what is ultimately a legal and procedural dispute.
Mbalula also sought to explain the ANC’s decision to withdraw its notice indicating an intention to intervene in Ramaphosa’s urgent court application aimed at halting the impeachment proceedings pending a judicial review of the Section 89 independent panel report.
The report, compiled by an independent panel chaired by retired Chief Justice Sandile Ngcobo, found that there was prima facie evidence that Ramaphosa may have committed serious violations of the Constitution and the law in relation to the theft of foreign currency from his Phala Phala farm.
According to Mbalula, the ANC’s initial notice was filed merely to preserve its position after the court issued a directive requiring parties wishing to participate in the urgent proceedings to indicate their intentions within a short timeframe.
‘ANC settled on different legal approach’
He said the party later settled on a different legal approach.
“Once that considered position was settled, namely that the ANC will come in only as a friend of the court, confined strictly to questions of process and sequencing and taking no position whatsoever on the merits, the earlier notice that served its purpose was withdrawn,” he said.
“There is nothing untoward in any way. It is the ordinary management of litigation, conducted by agreement between the parties and under the supervision of the courts.”
Mbalula said the ANC’s concern was not the merits of the allegations against Ramaphosa but whether Parliament should proceed with an impeachment inquiry while the independent panel report remains the subject of a pending court review.
“Our considered view is that it cannot be sound for Parliament to charge ahead with a full inquiry on a foundation that a competent court may yet set aside,” he said.
“It is better to allow another competent forum to do its work so that Parliament proceeds once, properly and on solid ground, rather than twice, wastefully and on contested ground.”
He insisted that the ANC’s position was rooted in procedural fairness rather than loyalty to Ramaphosa.
“What we have followed is not the man, it is the process itself of Section 89,” he said.
Mbalula accused some opposition parties of seeking to fast-track the president’s political downfall while ignoring legal processes.
‘Review process must run its course’
He said there were politicians who had already convinced themselves that Ramaphosa would ultimately be impeached and were, therefore, unwilling to allow the review process to run its course.
“The courts of the land have decided and have said that, President, you’ve got an avenue of review. You can use it if you want. The President has done that,” Mbalula said.
He added that the ANC had learned from previous legal defeats and would not ignore legal advice or court processes.
“When the ANC was supposed to follow proper legal advice, we went into a hole in the past and we were clobbered by the courts. We have learned from that.”
Taking a swipe at critics namely EFF leader Julius Malema and MK Party leader in Parliament John Hlope for their comments in the impeachment committee. Mbalula said the ANC would not be lectured by what he described as “populists” on constitutional processes.
- ANC Secretary-General Fikile Mbalula defended President Cyril Ramaphosa and Speaker Thoko Didiza, stating both acted appropriately amid the Section 89 impeachment legal dispute linked to the Phala Phala scandal.
- Mbalula emphasized the ANC’s commitment to constitutional processes, rejecting claims the party was shielding Ramaphosa from parliamentary scrutiny.
- He clarified the ANC withdrew its court intervention notice in Ramaphosa’s urgent application to halt impeachment proceedings, choosing a legal strategy focused solely on procedural issues rather than the merits of the allegations.
- The ANC argues Parliament should await the outcome of the judicial review of the independent panel report before proceeding with the impeachment inquiry to ensure procedural fairness and avoid contested, wasteful processes.
- Mbalula accused some opposition figures of rushing the impeachment process and ignoring legal procedures, affirming the ANC’s intention to respect court rulings and learned lessons from past legal defeats.
