Ramaphosa under siege
The Economic Freedom Fighters (EFF) leader, Julius Malema, has filed an appeal with the Constitutional Court seeking to overturn a ruling that halted impeachment proceedings against President Cyril Ramaphosa.
The EFF informed the Constitutional Court that the Phala Phala independent panel report remains “valid and operative,” insisting that the impeachment committee must proceed with its work.
The party presented this argument in a direct appeal to the apex court, challenging last week’s ruling by the Western Cape High Court, which interdicts Parliament’s Section 89 impeachment inquiry from continuing.
The EFF said the urgency of its appeal stems from the high court’s judgment, which effectively brought the Section 89 impeachment committee’s work to a complete halt.
The EFF has partnered with the African Transformation Movement (ATM) in this appeal to challenge the High Court’s decision.
In the legal documents, Malema emphasised that the minority finding correctly restated that, in the absence of any determination that the independent panel report is unlawful, “it must be treated as valid.”
He argued that the impeachment committee is entitled to rely on it. The EFF also pointed out that the court had previously granted an appeal against an interim ruling.
The party argued that the high court failed to consider the principle that President Cyril Ramaphosa has no prospects of success in the review application.
The EFF argues that the Constitutional Court must decide if the judiciary can suspend a parliamentary accountability process before it concludes.
They contend that the High Court’s majority judgment undermines the separation of powers, preventing Parliament from exercising its constitutionally granted authority.
The EFF asserts that Section 89 of the Constitution gives Parliament the exclusive power to determine if a President should be removed from office, emphasising that courts should not intervene until Parliament has completed its responsibilities.
The Section 89 committee is scheduled to meet to discuss the implications of the Western Cape High Court decision.
The president pleads innocent
President Ramaphosa acknowledged the court ruling delivered last week, emphasising that his application was not intended to obstruct Parliament’s duties.
He reaffirmed his respect for judicial independence and the separation of powers as outlined in the Constitution and said that his commitment is to cooperate with and adhere to accountability processes.
He argued in court that the impeachment process could cause him harm and lead to “humiliation.”
The High Court is set to hear the case from September 2 to September 4, while Ramaphosa has consistently denied any wrongdoing.
He is seeking to overturn a judicial panel’s finding that his handling of the theft of hundreds of thousands of dollars, hidden in a couch at his Phala Phala game farm in Limpopo province, was unlawful.
Ramaphosa contends that the process was flawed due to errors made by the advisory panel, which concluded that he may have committed serious violations related to the robbery at his wildlife farm.
In documents submitted to the Western Cape High Court on May 26, Ramaphosa requested that the court review and dismiss the panel’s 2022 report.
He argued that the panel’s conclusions were based on hearsay and did not follow proper procedures. He also asked for any related parliamentary actions to be suspended until the review is resolved.
While the panel indicated that Ramaphosa might have breached the constitution and his oath of office, he has consistently asserted his innocence.
Independent investigations by the South African Revenue Service (SARS) and the South African Reserve Bank (SARB) found no evidence that the president violated any laws.
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