By Lehlohonolo Lehana.
The African Transformation Movement (ATM) is seeking direct access to the Constitutional Court to appeal the Western Cape High Court ruling that granted President Cyril Ramaphosa’s bid to interdict Parliament’s Impeachment process.
The full bench of judges on Friday, ordered the temporary pause to preserve the status quo pending the outcome of his fast-tracked review application challenging the independent panel’s Phala Phala report.
Ramaphosa’s review application to be heard in September, came as the National Assembly Speaker Thoko Didiza announced the list of 31 MPs who will serve on the impeachment committee that will be headed by Gana Makashule.
This was after the Constitutional Court cleared the path for a public impeachment hearing into his conduct surrounding the theft of cash at his Phala Phala farm. The court found, that Rule 129I of the Rules of the National Assembly was unconstitutional and set it aside.
It also set aside the National Assembly vote in December 2022, in which it declined to refer Section 89 report to an impeachment committee.
The panel was unconvinced by Ramaphosa’s account of the theft of $580,000 from a couch in a room on his Phala Phala farm in February 2020, and did not accept his claims that the money had been the proceeds of a buffalo sale.
Its 82-page report found that the President had a case to answer over serious violations of the Constitution for exposing himself to a conflict of interest, doing outside paid work and contravening the Prevention of Corrupt Activities Act.
Ramaphosa previously approached the Constitutional Court in 2022 for direct access to challenge the report. However, the court dismissed his request, and the application was later abandoned after the National Assembly vote rendered it moot.
He has now revived the matter in the Western Cape high court. His core argument, that the panel “misconceived its mandate, misjudged the information placed before it and misinterpreted the four charges” against him, is mostly unchanged; as is his contention that the panel made findings against him about matters outside of the four charges he was asked to respond to.
ATM national spokesperson Zama Ntshona said the judgment had created “significant constitutional uncertainty” and raised questions about the relationship between the courts and Parliament.
“The ATM has instructed its legal team to urgently approach the Constitutional Court to seek clarity on the implementation and effect of its order relating to the Section 89 impeachment process,” Ntshona said.
The party stressed that its planned court application should not be viewed as a challenge to the judiciary.
“The ATM’s application should not be interpreted as an attack on the High Court or the judiciary. On the contrary, it is a lawful and constitutionally appropriate step aimed at obtaining legal certainty, safeguarding the authority of the Constitutional Court, and ensuring that Parliament is able to fulfil its constitutional obligations without ambiguity,” Ntshona said.
ATM 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 committee chairperson Gana stated on Friday that the committee would not stop the work already in motion.
“I have studied the full judgement of the Western Cape High Court and consulted with the legal team. The preparatory work of the committee will continue with the meeting on Wednesday 29 July,” he said.