By: Saneliso Mlambo
The Western Cape High Court is expected to deliver judgment on Friday in President Cyril Ramaphosa’s urgent application to temporarily stop Parliament’s Section 89 impeachment process linked to the Phala Phala scandal. The ruling could determine whether Parliament’s impeachment committee continues its work while Ramaphosa challenges the legal basis of the inquiry in a separate court review.
Ramaphosa is asking the court to suspend the impeachment committee’s proceedings until after the Western Cape High Court hears his review application in September. He argues that continuing with the parliamentary process before that review is decided could cause irreparable harm and undermine his constitutional rights.
The impeachment committee was established after the Constitutional Court ruled in May that Parliament acted irrationally when it rejected the findings of the independent Section 89 panel, chaired by former Chief Justice Sandile Ngcobo. That panel found there was a prima facie case for Ramaphosa to answer regarding the 2020 theft of foreign currency from his Phala Phala game farm.
Ramaphosa’s application is opposed by the African Transformation Movement (ATM), the Economic Freedom Fighters (EFF), the MK Party and the chairperson of the impeachment committee, Makashule Gana. They argue that Parliament has a constitutional duty to continue its work and that the courts should not interfere with the legislature’s oversight responsibilities.
During last week’s hearing, the court questioned aspects of Ramaphosa’s legal arguments, including whether the President’s interpretation of the independent panel’s role should outweigh the evidence before it. Judgment was reserved, with the court indicating it would deliver its decision on Friday.
Friday’s ruling will not determine whether Ramaphosa should be impeached. Instead, it will decide whether Parliament’s impeachment inquiry may proceed immediately or must pause until the President’s review application is heard later this year.