‘Political war’: Ramaphosa lawyer attacks Phala Phala impeachment process

Advocate Wim Trengrove SC has argued that those seeking to impeach a sitting president are engaged in a political struggle, and would seize any chance to remove an opposition leader. He made his comments in the Western Cape High Court, where Ramaphosa is seeking to have the Phala Phala impeachment report reviewed and dismissed. The application will serve as the final legal hurdle before Parliament can proceed with its public impeachment inquiry into Ramaphosa. The inquiry could potentially lead to Ramaphosa's removal from office.

The matter is being heard by a full bench consisting of Judge President Nolwazi Mabindla-Boqwana, Judge Mark Sher, and Judge Ncumisa Mayosi. The dispute stems from a criminal complaint filed by Arthur Fraser, former director-general of the State Security Agency, in June 2022. Fraser alleged that millions of dollars were stolen from Ramaphosa's Phala Phala game farm in Limpopo in February 2020.

This information was used by ATM leader Vuyolwethu Zungula to initiate impeachment proceedings against Ramaphosa in the National Assembly, which triggered the impeachment process.

The panel, chaired by former chief justice Sandile Ngcobo, found in November 2022 that there was sufficient evidence for Ramaphosa to respond to four proposed impeachment charges. Ramaphosa is now requesting the court to set aside this report. Trengove contends that the committee is composed of Ramaphosa's political adversaries, including the complainant and EFF leader Julius Malema. He argues that this composition makes the impeachment process humiliating, as the president is at the mercy of his political opponents.

Trengove further emphasized that the panel should question whether the evidence presented actually constitutes sufficient proof. He pointed out that the evidence provided by Fraser, who has no firsthand knowledge of the events, should not be given the same weight as evidence from Ramaphosa and presidential adviser Bejani Chauke, who testified under oath. Trengove accused Fraser of refusing to disclose the source of his information, which he deemed problematic.

The two charges against Ramaphosa relate to an instruction allegedly given to Major-General Wally Rhoode to investigate the burglary instead of reporting it to the police. The panel estimated the amount stolen at approximately $580,000, which Ramaphosa maintains was the proceeds from a game sale. In December 2022, the National Assembly voted against referring the panel's report to an impeachment committee.

However, the Constitutional Court overturned this decision on May 8 and directed the report to the committee, reviving the impeachment process that had been inactive for over three years.