Both parties opposed the application, maintaining parliament must be allowed to fulfil its constitutional responsibilities without interference and arguing the move demonstrates a determination to avoid accountability. EFF national spokesperson Sinawo Tambo said the latest litigation confirms what the party has consistently argued regarding the president’s approach to the matter.

“As we stated when he revived his review application, this is not the conduct of a president committed to constitutional accountability, but of one determined to evade scrutiny at all costs. The EFF opposes this urgent interdict application.

Legal challenge

“We will continue to defend the Constitutional Court judgement, which unequivocally directed parliament to establish an impeachment committee to inquire into findings of the Section 89 Independent Panel report,” said Tambo.

According to the EFF, Ramaphosa’s legal challenge is part of a broader effort to delay the impeachment process and avoid appearing before an inquiry established by parliament.

‘Irreparable reputational harm’

ActionSA spokesperson Matthew George said the president’s argument that an impeachment inquiry could cause irreparable reputational harm misses the purpose of the Section 89 process.

“Yet the purpose of the process is not to protect the reputation of the president, but to protect the integrity of the Constitution, the presidency and parliament itself.” 

George said South Africans have waited more than six years for full accountability regarding the Phala Phala matter. “ActionSA remains firmly of the view the Section 89 committee must proceed with its work unless and until a competent court orders otherwise. 

“Parliament’s constitutional responsibilities cannot be indefinitely suspended through litigation. The Committee exists precisely to establish the facts, consider the evidence, and determine whether the president’s conduct meets the threshold contemplated in Section 89 of the Constitution.”

“We therefore implore all parties represented in parliament, including those participating in the Government of National Unity, to defend parliament's constitutional independence and reject any attempt to shield the president from accountability,” he said.

Meanwhile, Tambo said the EFF expects national assembly speaker Thoko Didiza to oppose his application.

Tambo said the speaker is obligated to oppose both the interdict application and the review application brought by Ramaphosa. The impeachment committee is scheduled to meet on 24 June to deliberate on its terms of reference and appoint an evidence leader.

“These are essential preparatory steps towards ensuring the inquiry proceeds in accordance with the Constitution and the rule of law.”  

The Section 89 committee forms part of parliament’s constitutional oversight mechanisms. It is tasked with considering whether grounds exist for impeachment proceedings against the president in relation to the Phala Phala matter.

OFM News dg

• Have a news tip to share? Phone or whatsapp the OFM News Hotline: 066 487 1427.