ANC secretary-general Fikile Mbalula has summoned an urgent special national executive committee (NEC) meeting in Cape Town on Tuesday night as the governing party grapples with the political fallout of last week’s explosive Constitutional Court judgment on the Phala Phala saga − and President Cyril Ramaphosa’s political future.
In a memo sent to NEC members, Mbalula said the special meeting will focus on the apex court’s ruling, which effectively revived the stalled impeachment process against Ramaphosa.
“This serves to invite you to a special NEC meeting to be held on Tuesday ... for a briefing by the national officials, following the ConCourt verdict on the Phala Phala matter,” Mbalula wrote.
He said the agenda will be circulated later, stressing that attendance is compulsory as the NEC is expected to receive what he described as a “deliberate briefing” from the ANC’s top brass.
Sowetan sister publication Business Day understands the ANC’s top officials were locked in marathon talks on Monday morning as the party scrambled to map out its next move. National Assembly speaker Thoko Didiza and ANC chief whip Mdumiseni Ntuli were also part of the discussions.
Senior ANC insiders said the party spent most of the weekend consulting legal experts on how to contain the political and constitutional crisis triggered by the judgment.
ANC insiders say one option now under consideration is for Ramaphosa to take the panel’s report on review
Among those understood to be advising the ANC is top silk advocate Tembeka Ngcukaitobi, while Didiza has separately sought guidance from parliament’s legal advisers on how an impeachment committee − the first of its kind in democratic SA − could be constituted.
Friday’s landmark judgment dealt a major blow to Ramaphosa and the ANC. The Constitutional Court found rule 129(i)(b) of the National Assembly rules unconstitutional and invalid, while also setting aside parliament’s December 13 2022 vote that blocked the independent Phala Phala panel’s recommendation for a full impeachment inquiry.
The court ruled parliament’s impeachment process failed constitutional muster because MPs were allowed to kill proceedings even after an independent panel had found sufficient evidence that the president may have committed serious violations warranting further investigation.
In a ruling with massive political implications, the court effectively stripped parliament of the discretion to halt impeachment proceedings at that stage.
Pending amendments to parliamentary rules, the court ordered that where an independent panel finds sufficient evidence exists, the matter “must be referred” to an impeachment committee for a full inquiry.
ANC insiders say one option now under consideration is for Ramaphosa to take the panel’s report on review.
The president had previously weighed a legal challenge to the independent panel’s findings but abandoned the move after advisers argued it became moot after the ANC’s parliamentary victory in December 2022 − a reprieve that has now spectacularly unravelled.
Party sources also revealed the ANC is considering pushing for watered-down terms of reference for the impeachment committee, a move likely to trigger fierce resistance from opposition parties determined to force a full-scale inquiry.
Parliament on Monday said in a statement that Didiza will kick-start the process to revive impeachment proceedings against Ramaphosa.
“Parliament reaffirms its respect for the judgment of the Constitutional Court and will act in full compliance with the order and directions of the court,” the statement said.
“It (parliament) will communicate further details regarding the constitution, programming and operational arrangements of the impeachment committee through the appropriate parliamentary processes and announcements.”
Former chief justice Sandile Ngcobo’s panel was constituted by the Speaker after $580,000 (about R8,2m) hidden in a couch was stolen from Ramaphosa’s Phala Phala farm.
Ramaphosa said the cash was payment for Ankole buffaloes purchased by a Sudanese businessman. He said the transaction happened while he was out on national business and was handled by his farm manager.
He reported the theft to Maj-Gen Wally Rhoode, head of the presidential protection services, he said.
Parliament said Didiza would determine the appropriate programme, procedural arrangements, time frames and institutional support measures needed to allow the impeachment committee to undertake and finalise its work “fairly and effectively”.
“Further details on the composition, programming and operational arrangements of the impeachment committee will be communicated through parliamentary processes,” its statement said. − Additional reporting by Tara Roos
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