“All political parties are at liberty to request information from government departments to assist them in performing their oversight responsibilities. Such requests are routinely accommodated in a manner consistent with the law and the relevant protocols governing the disclosure of official information.”
Ntuli addressed the matter following concerns raised by some government of national unity (GNU) leaders who have questioned the study groups.
The first complaint came from UDM leader and defence deputy minister Bantu Holomisa, who wrote to National Assembly speaker Thoko Didiza and the Public Service Commission querying the practice.
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Intense lobbying was under way on the eve of Monday’s inaugural meeting of the parliamentary impeachment committee into President Cyril Ramaphosa’s handling of the Phala Phala matter.
ANC insiders have told Business Day that its parliamentary caucus will meet on Monday morning to decide on their nominee for chair of the committee. It is an influential position, as it sets the tone for the committee’s trajectory.
But the ANC has only nine out of 31 representatives on the committee. Three ANC MPs told Business Day that they would lobby hard for Dorris Mpapane, who is the chair of parliament’s portfolio committee on the presidency, to lead the process.
But no opposition party, including the DA, MK and EFF, is expected to support Mpapane. DA insiders say they would not nominate a DA candidate and they would be happy with Build One South Africa leader Mmusi Maimane leading and adjudicating the impeachment process’s work. “We won’t support a candidate from the MK or EFF,” a DA MP said.
Other opposition parties are racing to agree on a single candidate as the ANC banks on divisions among its rivals to retain influence over the high-stakes process.
The 31-member committee is expected to meet on Monday to elect its chair, a position that could shape the direction, credibility and tempo of the inquiry into the Phala Phala matter.
Business Day has been told that opposition parties were due to meet on Sunday night as lobbying intensified over who should be put forward for the position. A decision was likely to be made late on Sunday night, possibly close to midnight, before a final opposition meeting at 11am on Monday, ahead of the committee vote.
While the ANC does not command a majority on the committee, party insiders believe its path to the chair remains open if opposition parties fail to unite behind one candidate.
If most opposition parties come together to back one candidate, the ANC is unlikely to have the numbers to secure the post. If they do not, the vote could split in a way that benefits the governing party.
Insiders said the talks are “touch and go”, with parties trying to avoid alienating one another as they work to secure the 16 votes needed to win the chair outright.
Final push
One source said there will be a final push for consensus before the committee sits, adding that opposition parties are confident they will reach agreement. “There will definitely be sufficient consensus,” the source said.
The ANC’s chief whip, Mdumiseni Ntuli, is expected to communicate the party’s candidate before the committee meets.
The Patriotic Alliance is understood to be preparing to vote with the ANC, giving the governing party some comfort in what is expected to be a tightly contested election. Business Day also understands that the IFP and Al Jama-ah are likely to vote with the ANC.
The ANC is said to be calculating that opposition parties’ internal disagreements could prevent them from consolidating around one nominee.
Opposition parties have argued that the chair should not come from the ANC because the inquiry concerns Ramaphosa, the ANC president and head of state. They argue that the ANC is materially invested in the outcome and that its control of the committee would undermine public confidence in the process.
Maimane confirmed to Business Day that he had been lobbied by some opposition parties to make himself available for the position. “It must be chaired by someone from the opposition. People have approached me, and I said I would be available,” Maimane said.
Opposition parties have argued that the chair should not come from the ANC because the inquiry concerns Ramaphosa, the ANC president and head of state.
But Maimane’s possible candidacy has also caused unease among some opposition MPs. One source said some parties are concerned about the way Maimane had handled the lobbying process, claiming he had been lobbying internally rather than allowing parties to first settle on a collective position.
“There are people who are not comfortable with the way he has operated,” said the source.
Maimane is not the only opposition figure under discussion. Rise Mzansi chief whip Makashule Gana is another name that has been mentioned as a possible chair. Speaking to Business Day, Gana said Rise Mzansi will participate fully in the process and vote for the candidate it believes is best placed to lead the committee.
MPs inside the progressive caucus told Business Day they are actively lobbying for UDM deputy president and MP Nqabayomzi Kwankwa to chair the committee. The push for Kwankwa has created its own tensions because the UDM is part of the government of national unity (GNU), even though it has repeatedly sought to present itself as an independent voice within that arrangement.
That has complicated the opposition’s argument that no GNU party should chair a committee probing Ramaphosa.
Several opposition parties have argued that both the ANC and DA should avoid the position because of the GNU’s political stake in Ramaphosa’s survival. The same argument is now being applied by some opposition MPs to Kwankwa.
The DA, which has five members on the committee, is understood to have little appetite for the post because it does not want to compromise its ability to independently assess the committee’s work.
The contest has exposed the difficulty facing opposition parties. They broadly agree that the ANC should not chair the committee, but they have not yet agreed on who should.
At least four opposition MPs are understood to be interested in, or open to, the position.
The election will be decided by committee members, with the candidate who secures the most votes expected to become chair.
The chair will play a crucial role in steering the committee’s proceedings, managing evidence, handling procedural disputes, and ensuring that the process can withstand political and legal scrutiny.
The committee was established after the Constitutional Court revived the Phala Phala impeachment process, which stems from the theft of foreign currency from Ramaphosa’s Limpopo farm in 2020, and the alleged attempt to cover it up.
Ramaphosa has denied wrongdoing and has approached the courts to challenge the independent panel report that found he may have a case to answer.
The first test for the committee will now be internal: whether the opposition can use its majority to take control of the chair or whether the ANC can survive the vote by exploiting opposition fragmentation.
Basic education minister Siviwe Gwarube also raised her concerns after learning that officials from her department attended these study groups meetings ahead of meetings with parliament’s portfolio committee where her department accounts.
Ntuli said it is important to explain in detail what the ANC’s purpose is regarding the study groups and their operations.
“As the name suggests, a study group is a preparatory forum where ANC members of parliament collectively engage with and analyse documents and matters that belong within the terrain of work of deployment.
Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his co-accused have withdrawn their urgent high court application to block the re-enrolment of the extortion case against them.
The National Prosecuting Authority (NPA) confirmed that the Director of Public Prosecutions (DPP) for the Mpumalanga division received a notice of withdrawal on Friday.
On Wednesday, Sibanyoni and Oupa Johannes “Bafana” Sindane filed an urgent application at the Mbombela high court. They sought to interdict the execution of a J50 warrant of arrest against them, which was scheduled to be heard on Thursday at the Delmas magistrate’s court. In their application, they argued that they would suffer irreparable harm if the warrants were executed.
Sibanyoni and his co-accused were initially arrested in May and charged with extortion and money-laundering. Sibanyoni, Sindane, Mvimbi Masilela and Philemon Msiza face these charges after allegedly forcing Mpumalanga mining entrepreneur Tengani Ntuli, the director of Tengane Mining, to pay more than R2.2m in “protection fees” between 2022 and 2025.
The matter was previously struck off the court roll after the prosecutor, Adv Mkhuseli Ntaba, failed to show up during the bail application. When prosecutors subsequently decided to re-enrol the case, the accused tried to challenge the decision. It was due to be heard on Tuesday, June 2, at the Mbombela high court.
NPA spokesperson Kaizer Kganyago confirmed the development, stating, “Their filing of the notice of withdrawal brings the application to an end, effectively allowing the re-enrolment of the criminal case and the execution of the warrants of arrest.”
The NPA also noted that the Magistrates Commission has confirmed it is investigating a formal complaint filed by the DPP against chief magistrate Tuletu Tonjeni.
“We are awaiting written reasons from chief magistrate Tonjeni, as well as a date for the hearing of the application for leave to appeal that we filed,” the NPA said.
The National Director of Public Prosecutions (NDPP), Adv Andy Mothibi, said the authority will use “every legally permissible avenue to resist any litigation that seeks to militate against the upholding of the rule of law and holding those accused of criminality accountable”.
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“Study groups are meetings of ANC members of parliament that discuss a variety of issues including forthcoming committee business, oversight of government departments and organs of state, the processing of legislation and the facilitation of public participation.”
He explained that the study groups equip themselves by occasionally inviting officials from government departments to solely provide factual and technical briefings on matters of interest to the respective study groups.
“These are information-sharing sessions only. No directives are issued and no administrative authority is exercised. They are certainly not sinister attempts to facilitate state capture in any form — as others, strangely, have sought to suggest.”
Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his three co-accused have been released on bail.
Bail was set at R70,000 each after the state did not oppose their application.
This is after Sibanyoni, Bafana Sindane and Philemon Msiza handed themselves over at the Delmas police station on Thursday.
During the bail application, their defence counsel Shaun Abrahams said his client Sibanyoni had handed himself over against his professional advice.
“The warrant is unlawful. It’s unconstitutional, it’s an abuse of process, and the obtaining thereof lacks rationality. The appropriate process that should have been adopted by the authorities would have been [those contained in] section 54 of the Criminal Procedure Act,” he said, adding that that was the reason the accused would be challenging the state in the high court.
Sibanyoni and his co-accused are accused of extorting R2m from businessman Thomas Ntuli between 2022 and 2025.
The money is alleged to have been a protection fee to allow him to operate his mine in Kwaggafontein.
He laid charges against Sibanyoni and others in November last year.
The accused have all denied the allegations.
The matter has been postponed to September.
Ntuli insisted that all ANC MPs have taken an oath to uphold and respect the constitution and the laws of the republic.
“We therefore wish to assure South Africans that no constitutional provision is violated when a political party establishes its own internal caucuses or study groups.
“Internal workings of the ANC caucus are determined by office of the chief whip; neither the speaker of the national assembly nor GNU partners can dictate how the ANC, or any other political party, should manage its internal affairs.”
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