By Lehlohonolo Lehana.
Constitutional Court has asked the parties who wishes to oppose the application in the Parliament’s Section 89 impeachment committee interdict appeal to file their submissions by next week.
The Western Cape High Court granted President Cyril Ramaphosa an interim interdict halting public hearings of Parliament’s Section 89 Impeachment Committee.
Political Parties including the ATM, EFF, MK Party, and UAT launched urgent direct appeals to the Constitutional Court to set aside the interdict.
They’re arguing the ruling had created “significant constitutional uncertainty” and raised questions about the relationship between the courts and Parliament.
They further maintained that the interim court order does not amount to a finding on the merits of the allegations linked to the Phala Phala matter.
The Section 89 parliamentary impeachment committee has also resolved to join the fray to set aside the interdict.
Whether the Constitutional Court will grant direct access depends on strict legal requirements:
- Constitutional Urgency: Applicants must prove that the matter involves a crucial constitutional issue and that dealing with it immediately is in the interest of justice.
- Separation of Powers: Parties argue that lower court interdicts improperly interfere with Parliament’s core oversight duties, creating exceptional circumstances that justify bypassing normal appeal procedures.
- Prevention of Delay: Proponents of direct access maintain that allowing a legal review to indefinitely stall an impeachment inquiry sets a damaging precedent for future accountability measures, requiring swift intervention from the highest court.
Chief Justice Mandisa Maya has asked for parties who wish to oppose the application to make the submissions by next week.
“The Chief Justice has issued the following directions: Any parties that wishes to oppose the application must file answering affidavits on or before Wednesday, August 5. Further directions may be issued,” read the directions of the court.
While the panel indicated that Ramaphosa might have breached the constitution and his oath of office, he has consistently asserted his innocence.
The Western Cape High Court is set to hear the case from September 2 to September 4, while Ramaphosa has consistently denied any wrongdoing.
He is seeking to overturn a judicial panel’s finding that his handling of the theft of hundreds of thousands of dollars, hidden in a couch at his Phala Phala game farm in Limpopo province, was unlawful.
Ramaphosa contends that the process was flawed due to errors made by the advisory panel, which concluded that he may have committed serious violations related to the robbery at his wildlife farm.
In documents submitted to the Western Cape High Court on May 26, Ramaphosa requested that the court review and dismiss the panel’s 2022 report.
He argued that the panel’s conclusions were based on hearsay and did not follow proper procedures. He also asked for any related parliamentary actions to be suspended until the review is resolved.