The Western Cape High Court is hearing President Cyril Ramaphosa’s urgent application to halt Parliament’s Section 89 impeachment process while he challenges the findings of the independent panel into the Phala Phala matter. The outcome could have significant implications for parliamentary oversight and constitutional accountability.
Executive Secretary of the Council for the Advancement of the South African Constitution (CASAC), Lawson Naidoo, said the President has filed a review application against the independent panel’s report, which formed the basis for the establishment of Parliament’s impeachment committee.
Naidoo explained that the review application is scheduled to be heard in early September. “Pending that, the President is now seeking an urgent interdict to halt the substantive part of the parliamentary proceedings because he said he would be disadvantaged and would suffer irreparable harm,” he said.
According to Naidoo, Ramaphosa argues that “the delay is not that great” and that “it would be in the interests of justice” for the court to grant the interdict. He said the President believes he would suffer “irreparable harm by being subject to a public scrutiny process on the basis of a report that he believes is flawed and irrational.”
Commenting on the merits of the application, Naidoo said he believes the President has presented “a cogent legal argument” that addresses the legal tests required for an interdict.
“He’s not trying to stop the parliamentary process forever and a day, but simply to allow the opportunity for that review application to be heard,” Naidoo said. “If he’s unsuccessful, then of course the parliamentary process continues.”
The High Court is expected to hear arguments over two days before delivering its ruling.
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Photo: X/@PresidencyZA
