President Cyril Ramaphosa is set to block the establishment of an impeachment committee.
Image: GCIS
President Cyril Ramaphosa looks set to interdict the Phala Phala impeachment, aimed at stalling the Section 89 committee process following a Constitutional Court (ConCourt) ruling.
ANC sources revealed that Ramaphosa has decided to stall the impeachment proceedings, with the party throwing its weight behind the move.
The sources said Ramaphosa is planning to file an urgent court interdict, which aims to block the establishment of an impeachment committee following the ConCourt ruling on the Phala Phala scandal.
This is after National Assembly Speaker Thoko Didiza announced the formation of a 31-member impeachment committee to process the Section 89 report. The committee consists of members from the majority of the political parties in the National Assembly.
The parties must submit their nominations for the committee by May 22 with this committee responsible for conducting an inquiry to determine if there are sufficient grounds for the President's removal.
The Speaker’s decision comes after the ConCourt ruled that Parliament acted unconstitutionally in December 2022 when it used the ANC majority to block an impeachment inquiry against Ramaphosa over the Phala Phala scandal.
The court ordered Parliament to revive the process and refer the Independent Panel’s report directly to an impeachment committee.
The source in the ANC confirmed that Ramaphosa wants to challenge the proceedings, adding that the party has already pronounced its position.
“The party has already declared its position and everyone must toe the line,” said the source.
During his address last week, Ramaphosa announced that he will not resign and will instead launch an urgent judicial review to legally challenge the Section 89 independent panel report regarding the scandal.
ANC spokesperson Mahlengi Bhengu-Motsiri said the party is not aware of any “plan” by Ramaphosa to halt parliamentary processes.
She added that ConCourt judgment dealt with parliamentary procedure and process, not with any criminal finding or impeachment ruling against the President.
"Attempts to deliberately misrepresent that judgment as proof of wrongdoing are misleading and irresponsible. The ANC remains committed to constitutionalism, accountability and the rule of law, including respect for parliamentary and judicial processes," she said.
Following the ANC National Executive Committee (NEC) meeting last week, the party’s Secretary-General, Fikile Mbalula, announced that the NEC unanimously reaffirmed its full and continuing support for Ramaphosa.
Mbalula stated that the NEC was not asked to consider a recall or resignation for Ramaphosa and said Ramaphosa's mandate from party branches remains intact until the next national elective conference in 2027.
Mbalula added that the NEC fully endorsed Ramaphosa’s decision to launch a High Court review against the Section 89 independent panel report regarding the Phala Phala farm scandal.
Asked to confirm the President will interdict the impeachment proceedings, Ramaphosa's spokesperson Vincent Magwenya said: “Let’s wait for papers to be filed”.
Legal expert Advocate Zwelethu ‘Mighty’ Madasa said Ramaphosa will have to show that he has a right to make the application and that there is a risk that if the action against him is not stopped, he can suffer irreparable harm to his rights.
Madasa added that the interdict is the more convenient route to take.
“On this criteria, clearly the President has a right to make the application because the impeachment concerns his personal reputation and has implications if successful to negatively impact his right to pension benefits,” he said.
Madasa added: “As to whether the impeachment process can cause irreparable harm if not stopped is a moot point that the court will have to weigh. Because the impeachment is an enquiry. Depending on the evidence, it does not mean that he will be found guilty.
"In addition, stopping the process may violate Parliament’s constitutionally entrenched duty to oversee executive action. Also, impeachment is a procedure provided in the Constitution, so a court may not stop the exercise of constitutional provisions. Therefore, the court may say the President cannot use courts to avoid subjecting himself to accountability to Parliament (a separate organ of state).”
Political analyst Professor Andre Duvenhage said a possible application for an interdict against Parliament shows that Ramaphosa is in a difficult position.
Duvenhage said this could be Ramaphosa’s strategy to buy time.
Another political analyst, Professor Ntsikelelo Breakfast, said that although Ramaphosa has the right to take the report on review, he is not acting in good faith, adding that he could have challenged the report immediately after it was released.
Cape Times