The office of National Assembly speaker Thoko Didiza has confirmed to leaders of parties represented in parliament that she’s taking legal advice on how to respond to President Cyril Ramaphosa’s Phala Phala judicial review.
This is according to those who attended the closed meeting of the Chief Whips’ Forum in parliament on Wednesday.
It’s understood top advisers from the Office of the Speaker told the Chief Whips’ Forum that the office was seeking legal advice on her next move after Ramaphosa filed court papers in the Western Cape High Court to take the section 89 independent panel report on Phala Phala on judicial review.
Ramaphosa is seeking a judicial review of the independent panel’s report, arguing that it was flawed as it relied on hearsay evidence and illegally obtained information, among other reasons.
But the president threw a spanner in the works in his court papers, threatening to seek a court interdict against the looming impeachment committee should it go ahead with processing the panel’s report while his review application lies before the courts.
This has seemingly presented Didiza with a legal conundrum.
Last Friday, she told journalists she would only decide on how to respond to his review application once she has seen and read his court papers.
Didiza is now expected to announce her next step in the coming days.
But she is under pressure to oppose Ramaphosa’s review application and allow the impeachment committee to hold its first meeting as soon as possible.
Late on Wednesday, EFF national chairperson and chief whip Nontando Nolutshungu wrote to Didiza demanding that she oppose Ramaphosa’s litigation against the National Assembly.
Nolutshungu is also demanding that all parties represented in parliament be allowed to have a say on the legal team’s composition.
“This matter concerns the institution of parliament as a whole and cannot be approached as an internal ANC matter or through private consultation between the speaker and the ANC chief whip.
“Accordingly, we request that you urgently convene or invite all political party leaders, or their designated representatives, to make submissions on the opposition to the president’s application and on the appointment of legal representatives to act on behalf of the National Assembly,” wrote Nolutshungu.
The president knows full well that there is a long way ahead for the parliamentary processes to be put in place before the hearing itself will commence.
— George Michalakis, DA parliamentary leader
“We note the report provided by the speaker during the Chief Whips’ Forum meeting held today that legal advice is currently being sought on the matter and its implications.
“In light of the urgency of the matter, we request that you provide us with a response within 48 hours of receipt of this correspondence, failing which the EFF will explore appropriate relief on an urgent basis before a competent court.”
Earlier in the day, a statement by DA parliamentary leader George Michalakis urged Didiza not to allow Ramaphosa’s legal bid to halt the impeachment inquiry against him.
“Parliament must urgently set the rules and terms of reference [TOR] for the impeachment committee, and the DA will hold it accountable to do so without delay.
“The committee must begin its work. The Constitutional Court has, separate from the merits of the Phala Phala matter, ordered parliament to fulfil this task, and parliament should not be stopped from doing its work.
“We further note that the president, in his court papers, indicated that he would interdict parliament should it proceed with the process. The president knows full well that there is a long way ahead for the parliamentary processes to be put in place before the hearing itself will commence.
“Such a step would therefore come down to the head of state actively preventing parliament from complying with a Constitutional Court order and [would] be nothing but delay tactics. The result would be incredibly damaging to the reputation of parliament, at the hands of the president. The country cannot afford for this matter to be dragged out unnecessarily.”
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