MK Party parliamentary leader John Hlophe has asked National Assembly speaker Thoko Didiza to set aside the election of Rise Mzansi MP Makashule Gana as chair of the section 89 impeachment committee, arguing that his party’s alignment with the government of national unity (GNU) raises questions about his independence.In a letter to Didiza, Hlophe argues that Gana’s election did not satisfy the requirements of impartiality and rationality necessary for a committee tasked with investigating President Cyril Ramaphosa.Gana was elected chair on June 1 by 19 votes to 12. According to Hlophe, he was nominated by ANC MP Mikateko Mahlaule and seconded by DA parliamentary leader George Michalakis. The votes in his favour came from the ANC, DA, IFP, PA, FF+, Rise Mzansi and Al Jama-ah.The opposition to Gana came from the MK Party, EFF, ActionSA, ACDP, UDM, Bosa, ATM, NCC and UAT.Hlophe describes the vote as a strategic alignment between parties in the GNU rather than an independent election of a chair.A central part of Hlophe’s objection is Rise Mzansi’s participation in the GNU. He notes that the party is a signatory to the GNU Statement of Intent and that its leader, Songezo Zibi, is among the GNU party leaders.Hlophe argues that because Rise Mzansi is institutionally aligned with the GNU, Gana cannot be regarded as independent while chairing an inquiry into Ramaphosa, who leads the ANC and is the subject of the impeachment proceedings.“Mr Gana cannot be independent when his own party leader sits in the GNU leaders’ forum chaired by the very president who is the subject of the section 89 enquiry,” Hlophe argues.Duty to act impartiallyHlophe accepts that Gana is not automatically disqualified from chairing the committee because of his party’s political affiliations. However, he argues that the chairperson has a constitutional duty to act impartially and in the best interests of the committee.Hlophe points to National Assembly rule 158(1), which provides that a committee must elect one of its members as chairperson, but argues that the rule does not remove the requirement for impartiality.He says the chair is responsible for directing proceedings, ensuring that members have an equal opportunity to be heard and performing their functions rationally in accordance with the constitution and parliamentary rules.The objection also relies on a recent Constitutional Court judgment concerning the section 89 impeachment process.In May, the court declared parliamentary rule 129I unconstitutional and set aside the National Assembly’s December 2022 decision to halt the impeachment process against Ramaphosa. Hlophe argues that the judgment reinforced the principle that parliamentary accountability cannot be compromised by political considerations or majority rule.He also refers to an earlier Constitutional Court judgment involving the EFF, which held that section 89 of the constitution implicitly requires the National Assembly to establish rules specifically tailored to an impeachment process.Applying those principles, Hlophe argues that appointing a chair whose party is bound by a co-operation agreement with the president undermines the purpose of the impeachment process.“The purpose of section 89 is to hold the president accountable,” he says. “Appointing a chair whose party is bound by a co-operation agreement with the president defeats that purpose.”Concern about independenceHlophe further argues that the arrangement could undermine public confidence in the committee’s ability to conduct an open and credible inquiry.He says Gana’s assurance that he will act “without fear, favour or prejudice” is insufficient to address what he describes as structural concerns about his independence.“Good intentions are no substitute for institutional independence,” Hlophe says. He is asking Didiza to declare Gana’s election on June 1 inconsistent with the impartiality requirements arising from section 89 and other constitutional provisions.He has also called for a new election in which nominees disclose their GNU affiliations and recuse themselves where a conflict exists.Alternatively, Hlophe wants the committee chair to be selected from among MPs whose parties are not signatories to the GNU Statement of Intent.“The numbers elected Mr Gana, but the argument is that the constitution requires more than a numerical majority,” Hlophe says. He has requested an urgent response from the speaker.Business Day