Parliament’s impeachment committee chairperson Makashule Gana says the committee will ask the Western Cape High Court to reject President Cyril Ramaphosa’s attempt to stop its inquiry, insisting that Parliament has a constitutional duty to proceed.
The urgent interdict application will be heard on Wednesday and Thursday. Ramaphosa wants the committee barred from commencing its formal inquiry until the court determines his separate application to review and set aside the independent panel report that revived the impeachment process.
“I have opposed this application by President Ramaphosa on behalf of the committee,” Gana said.
“We are clear on our side as a committee that the work of the committee needs to continue, and we are confident that the arguments that our legal team will present to the court will convince the court that the work of the committee continues.”
A duty to begin the Section 89 process without delay
The committee’s case is that the Constitutional Court’s May judgment did not merely revive the matter but specifically referred the independent panel’s report to the impeachment committee. Its legal team argues that this triggered a duty to begin the Section 89 process without delay.
The committee will also argue that the High Court cannot suspend an obligation imposed by the Constitutional Court. Its lawyers have advised that only the apex court can stay its own order and that granting the interdict would frustrate Parliament’s constitutional oversight function before any evidence has been tested.
It rejects Ramaphosa’s claim that allowing the inquiry to begin would cause him irreparable harm. The committee says its function is to gather and test evidence, determine whether the charges are true and serious, and give the president a full opportunity to challenge witnesses and present his own evidence.
Speaker not opposing application
National Assembly Speaker Thoko Didiza has elected to abide by the court’s decision rather than oppose the application. However, her explanatory affidavit says that, without a court order stopping the process or setting aside the panel report, the National Assembly remains legally obliged to continue.
Didiza told the court that the committee controls its proceedings and the scope of its inquiry. She also said Parliament must perform its constitutional accountability obligations diligently and without delay, while ensuring that the inquiry is fair and completed within a reasonable time.
Ramaphosa argues that the independent panel misunderstood its mandate and failed to consider whether he had acted intentionally, maliciously or in bad faith. His lawyers say forcing him into a public impeachment hearing before the validity of the panel report is decided would expose him to humiliation and political harm.
The president describes the relief sought as a temporary pause, noting that the review is scheduled for September 2 to 4.
Gana said the committee was continuing with its preparations and was now appointing an evidence leader, who will guide the presentation and testing of evidence during the inquiry.
- The parliamentary impeachment committee, led by Makashule Gana, will ask the Western Cape High Court to reject President Ramaphosa’s attempt to pause the impeachment inquiry.
- Ramaphosa seeks to delay the inquiry until the court reviews and potentially sets aside the independent panel’s report that revived the impeachment process.
- The committee argues that the Constitutional Court’s ruling requires an immediate start to the Section 89 impeachment process and that the High Court cannot suspend this constitutional duty.
- National Assembly Speaker Thoko Didiza will not oppose the application but emphasizes legal obligations to continue the inquiry unless a court orders otherwise.
- Ramaphosa claims the independent panel misunderstood its mandate, asserting that starting the impeachment hearing prematurely would cause irreparable political harm and humiliation; the committee is proceeding with preparations, including appointing an evidence leader.
Parliament’s impeachment committee chairperson
“I have opposed this application by President Ramaphosa on behalf of the committee,” Gana said.
“We are clear on our side as a committee that the work of the committee needs to continue, and we are confident that the arguments that our legal team will present to the court will convince the court that the work of the committee continues.”
It rejects Ramaphosa’s claim that allowing the inquiry to begin would cause him irreparable harm.
National
Didiza told the court that the committee controls its proceedings and the scope of its inquiry.
Ramaphosa argues that the independent panel misunderstood its mandate and failed to consider whether he had acted intentionally, maliciously or in bad faith. His lawyers say forcing him into a public impeachment hearing before the validity of the panel report is decided would expose him to humiliation and political harm.
Gana said the committee was continuing with its preparations and was now appointing an evidence leader, who will guide the presentation and testing of evidence during the inquiry.
