Former president Jacob Zuma and the uMkhonto weSizwe (MK) Party have demanded that President Cyril Ramaphosa withdraw what they describe as a “frivolous” court application seeking to review the Section 89 impeachment process linked to the Phala Phala scandal.
In a letter seen by Sunday World, sent to Ramaphosa’s legal team on Thursday, Zuma’s attorneys accused the head of state of abusing court processes to avoid parliamentary accountability.
“The review application is singularly hopeless and littered with countless procedural and substantive legal flaws,” the letter states.
‘Abuse of process’
The attorneys, Kwinana Mbana Nkome Sibiya Inc (KMNS Inc), further argued that the application was “plainly an abuse of process intended solely to delay accountability”.
Ramaphosa recently approached the courts to challenge aspects of the Section 89 process after the Constitutional Court ruled that Parliament acted unlawfully when it voted against adopting the independent panel report into the Phala Phala matter.
The report had found prima facie evidence that Ramaphosa may have violated the Constitution and anti-corruption laws in relation to the theft of foreign currency from his Limpopo farm.
However, Zuma and the MK Party argue that Ramaphosa’s review application does not automatically suspend Parliament’s constitutional obligations.
“The mere institution of legal proceedings does not suspend the operation and execution of the decision sought to be reviewed,” the attorneys wrote, citing Constitutional Court precedent.
‘Speaker must not halt process’
The letter also warned National Assembly Speaker Thoko Didiza against halting the parliamentary impeachment process while the review application is before court.
“Any suggestion that even the most compromised or biased Speaker can conceivably stop the present ongoing impeachment committee process cannot prevail,” the lawyers said.
Zuma further demanded to be joined as a party in the matter, arguing that his own experience as a former president subjected to constitutional accountability processes places him in a unique legal position.
According to the letter, all political parties represented in Parliament should also have been joined because they have a direct interest in the outcome of the case.
Ultimatum for Ramaphosa
The attorneys gave Ramaphosa until June 1 to indicate whether he would withdraw the application or consent to the joinder demands.
“If we do not receive a satisfactory response, our clients reserve their rights to institute urgent proceedings,” the letter warns.
Meanwhile, EFF leader Julius Malema has also threatened legal action against Didiza should she fail to oppose Ramaphosa’s application.
Speaking to the media after the EFF’s Africa Day Summit, Malema warned that his party would approach the Constitutional Court urgently if Parliament attempted to halt the impeachment process.
“The first thing we are going to take to the Constitutional Court is the Speaker for contempt of court, who is stopping the process when the Constitutional Court says we must continue with the impeachment process,” said Malema.
Zuma’s legal letter is the latest political intervention against Ramaphosa’s review application this week.
African Transformation Movement leader Vuyo Zungula has also written to the Western Cape High Court requesting that the matter be heard urgently between August 10 and 12, arguing that the constitutional implications require a speedy resolution.
Meanwhile, the 31-member parliamentary impeachment committee is expected to hold its first meeting on Monday to elect a chairperson.
- Former president Jacob Zuma and the uMkhonto weSizwe (MK) Party have demanded President Cyril Ramaphosa withdraw his court application challenging the Section 89 impeachment process related to the Phala Phala scandal, calling it “frivolous” and an abuse of court processes.
- Zuma’s attorneys argue that Ramaphosa’s review application does not suspend Parliament’s constitutional duties and warn Speaker Thoko Didiza not to halt the ongoing impeachment process despite the court challenge.
- Zuma requested to be joined as a party in the case due to his unique position as a former president with constitutional accountability experience, and demanded all political parties also be involved given their interest in the outcome.
- The attorneys gave Ramaphosa a June 1 ultimatum to withdraw his application or agree to the joinder; failure to respond may lead to urgent legal proceedings.
- EFF leader Julius Malema and African Transformation Movement leader Vuyo Zungula have also threatened legal action to ensure the impeachment process continues without interruption, with the parliamentary committee set to meet soon.
Former president Jacob Zuma and the uMkhonto weSizwe (MK) Party have demanded that President Cyril Ramaphosa withdraw what they describe as a “frivolous” court application seeking to review the Section 89 impeachment process linked to the Phala Phala scandal.
In a letter seen by
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Ramaphosa recently approached the courts to challenge aspects of the Section 89 process after the Constitutional Court ruled that Parliament acted unlawfully when it voted against adopting the independent panel report into the Phala Phala matter.
However, Zuma and the MK Party argue that Ramaphosa’s review application does not automatically suspend Parliament’s constitutional obligations.
“
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Zuma further demanded to be joined as a party in the matter, arguing that his own experience as a former president subjected to constitutional accountability processes places him in a unique legal position.
“If we do not receive a satisfactory response, our clients reserve their rights to institute urgent proceedings,” the letter warns.
Meanwhile, EFF leader Julius Malema has also threatened legal action against Didiza should she fail to oppose Ramaphosa’s application.
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Zuma’s legal letter is the latest political intervention against Ramaphosa’s review application this week.
African Transformation Movement leader Vuyo
Meanwhile, the 31-member parliamentary impeachment committee is expected to hold its first meeting on
