By: Saneliso Mlambo
The Economic Freedom Fighters (EFF) has criticised the Constitutional Court’s refusal to hear its direct appeal over President Cyril Ramaphosa’s impeachment process. The court rejected the EFF and other applicants’ bid on Wednesday, 12 August 2026.
The parties wanted the court to overturn an interdict stopping Parliament’s public Section 89 proceedings against Ramaphosa.
The dispute follows a Constitutional Court ruling in May that ordered Parliament to refer the Section 89 panel report to an Impeachment Committee. Parliament subsequently established the committee to consider whether grounds exist to impeach Ramaphosa. The committee began preparatory work before Ramaphosa obtained a Western Cape High Court interdict stopping public proceedings.
The EFF and other political parties then approached the Constitutional Court directly. They argued that the High Court had unlawfully interfered with Parliament’s constitutional oversight role. They wanted the interdict set aside so the committee could continue its work.
The Constitutional Court said it was not in the interests of justice to hear the matter directly at this stage. The Western Cape High Court is scheduled to hear Ramaphosa’s review application on 2 and 3 September.
The EFF disputes the suggestion that the September hearing will quickly resolve the dispute. It argues that a hearing date does not guarantee when the High Court will deliver judgment. The party therefore fears Parliament’s impeachment process could remain suspended for an extended period.
The Western Cape High Court’s interdict currently limits the committee to preparatory work. Parliament can prepare for the inquiry, but cannot proceed with the public impeachment hearings.
The EFF says this effectively prevents Parliament from exercising its constitutional oversight responsibilities. It argues that the committee should be allowed to determine whether the evidence supports grounds for impeachment.
The party has also raised concerns about the separation of powers. It argues that Parliament should be allowed to perform its constitutional role without its proceedings being indefinitely halted through litigation.
For now, the Section 89 committee remains unable to proceed with public hearings. The next major development is the Western Cape High Court’s review hearing scheduled for September.