President Cyril Ramaphosa has threatened that he will be forced to interdict parliament’s impeachment process if the legislative arm of the state does not hold the process in abeyance while he reviews the Section 89 independent panel report.
Ramaphosa makes the threats in his founding affidavit filed at the Cape Town High Court, seeking to set aside the report of the independent panel led by former chief justice Sandile Ngcobo under Section 89.
In the papers, Ramaphosa insists that the panel report was wrong in fact and in law and pleads with the high court to toss the report out.
Matter is in the public interest
He is adamant that his review application must be expedited with speed but firmly holds that the parliamentary impeachment process cannot run parallel to his review application.
“It would be intolerable and a travesty if the National Assembly were to proceed with an impeachment process triggered by the panel’s report at a time when a challenge to the lawfulness and validity of that report is pending. I trust that the National Assembly will not do so,” writes Ramaphosa in the founding affidavit.
“I also accept, however, that the matter is urgent and that it is in the public interest that it be determined without delay.
“I shall, to that end, propose to the respondents that we agree on expedited timeframes for the determination of this application. I trust that good sense will prevail.
An interdict is not ruled out
In the unlikely event that the National Assembly insists on proceeding with the impeachment process while this application is pending, I shall be compelled to launch an urgent application to this court for an interdict precluding it from doing so. I trust, however, that such an urgent application would not be necessary.”
Ramaphosa added that he is not reviewing the panel report for political reasons but for his belief that it is fundamentally flawed in many respects.
“I do not make this application lightly. I have carefully considered the report and respectfully submit that the process followed by the Panel and its conclusions are seriously flawed, thus making the recommendations irrational and contrary to the principle of legality.
“I submit that the Panel misconceived its mandate, misjudged the information placed before it, and misinterpreted the four charges advanced against me. It moreover strayed beyond the four charges and considered matters not properly before it.”
- President Cyril Ramaphosa has threatened legal action to interdict Parliament's impeachment process unless it is paused during his review of the section 89 independent panel report.
- He filed a founding affidavit at the Cape Town High Court seeking to set aside the report, which was led by former chief justice Sandile Ngcobo.
- Ramaphosa argues that the panel report is flawed both factually and legally and requests expedited court proceedings to resolve the matter quickly.
- He insists the impeachment process should not continue concurrently with his court challenge, warning it would be intolerable and a travesty.
- Ramaphosa asserts his review is not politically motivated but based on the report's procedural and legal faults, stating the panel exceeded its mandate and misinterpreted the charges against him.
