EFF threatens Didiza with legal action over Phala Phala court process
The EFF says parliament must defend the Section 89 report into Phala-Phala.
Black News 
The EFF has written a letter to the speaker of parliament, Thoko Didiza, demanding that she use her powers to oppose President Cyril Ramaphosa’s bid to have the Section 89 report on the robbery on his farm set aside.
Ramaphosa’s lawyers have already approached the courts to have the Phala Phala report set aside.
In a letter dated 27 May, the EFF’s National Chairperson, Nontando Nolutshungu, told Didiza that she must oppose Ramaphosa’s court bid because it could impede the work of the impeachment committee that has been established.
“The EFF demands that the National Assembly, under your leadership as Speaker, must oppose the President’s application.
“The Independent Panel process was established in terms of the Rules of the National Assembly and constituted an important constitutional accountability mechanism of Parliament. Allowing the report to be challenged without opposition by the institution that established the process would undermine the authority, integrity, and constitutional role of the National Assembly,” said Nolutshungu.
Conflicting interests
She further requested Didiza to involve all political parties in the appointment of the legal team that will represent parliament on this matter.
“It cannot be correct that only the Chief Whip of the ANC is included in such deliberations as though he carries a mandate on behalf of all political parties represented in the National Assembly, as was the case after the delivery of the judgment by the Constitutional Court.
“This matter concerns the institution of Parliament as a whole and cannot be approached as an internal ANC matter or through private consultations between the Office of the Speaker and the ANC Chief Whip,” said Nolutshungu.
She said all political parties in parliament should be involved because Didiza has previously opposed the Section 89 report.
“We raise this matter because you are directly conflicted in relation to the Section 89 process. On 13 December 2022, during the consideration of the Independent Panel Report, you voted against the question that the Section 89(1) enquiry be proceeded with, on the basis of the Independent Panel report, and the matter be referred to the Impeachment Committee in terms of Rule 129I (3).
“It would therefore be improper for the same person who voted against the continuation of the impeachment process to unilaterally take decisions regarding legal opposition to matters arising from that very process,” she said.
Legal action
Nolutshungu said parliament must act quickly.
“This matter is urgent and requires your full cooperation. It is not a mere administrative matter in respect of which the Speaker can simply claim executive authority and act unilaterally.
“The matter concerns the constitutional integrity of Parliament and the collective interests of all political parties represented in the National Assembly.
“Equally, such an approach is neither practical nor appropriate within the context of a multiparty democratic Parliament.”
The party has threatened legal action if the speaker fails to submit to their demands.
“The EFF reserves its rights, including the right to approach a competent court for appropriate relief, should the Speaker fail to act reasonably and inclusively on this matter,” said Nolutshungu.
