Ramaphosa files urgent interdict to stop Parliament impeachment process

President Cyril Ramaphosa has filed an urgent application in the Western Cape High Court to halt Parliament’s impeachment process. The bid seeks to review and set aside a Section 89 independent panel report that found prima facie evidence the president may have violated the Constitution following a 2020 burglary at his Phala Phala farm.

Why is President Ramaphosa challenging the impeachment process?

Ramaphosa argues in court papers that the Section 89 panel “misconceived its mandate” and improperly interpreted the allegations against him. He claims that allowing the impeachment process to move forward while his review application is pending would create a constitutional conflict.

According to the filings, the president warned that such a progression would result in “irreparable harm.” He is asking the court to set aside the report that linked him to serious misconduct regarding the Phala Phala incident.

Did You Know? National Assembly Speaker Thoko Didiza announced that the impeachment committee consists of 31 MPs tasked with determining if grounds exist to recommend the president’s removal.

How did the Phala Phala scandal lead to this court bid?

The controversy began when former spy boss Arthur Fraser accused Ramaphosa of concealing the theft of millions of US dollars hidden at his farm in Limpopo. Ramaphosa has consistently denied any wrongdoing regarding the 2020 burglary.

Ramaphosa moves to halt Parliamentary impeachment process

In May, the Constitutional Court ruled that Parliament acted unlawfully when it blocked impeachment proceedings in 2022. This ruling forced the National Assembly to establish the current impeachment committee to investigate the matter further.

Expert Insight: Samantha Carter notes that this legal maneuver places the judiciary in a position to determine the validity of the Section 89 report before Parliament can act on its findings, effectively shifting the immediate battleground from the legislature to the courts.

What happens next in the impeachment inquiry?

The latest court application may delay Parliament’s impeachment inquiry. The timeline now depends on when the judiciary determines whether the Section 89 panel report was lawful.

If the court allows the process to proceed, the 31-MP committee is expected to decide if there are sufficient grounds to recommend that Ramaphosa be removed from office. Conversely, a ruling in favor of the president could set aside the underlying report used to justify the proceedings.

Frequently Asked Questions

What is the purpose of the Section 89 report?
The report investigated the 2020 burglary at the Phala Phala farm and found prima facie evidence that President Ramaphosa may have committed serious misconduct and violated the Constitution.

Who is leading the impeachment committee?
The committee was announced by National Assembly Speaker Thoko Didiza and is composed of 31 Members of Parliament.

Why did the Constitutional Court intervene in May?
The court ruled that Parliament had acted unlawfully by blocking impeachment proceedings against the president in 2022, which compelled the National Assembly to start a new investigation.