By Lehlohonolo Lehana.
The Section 89 parliamentary impeachment committee resolved to approach the Constitutional Court for leave to appeal the Western Cape High Court order that halted the public impeachment hearings.
The Western Cape High Court last week granted president Cyril Ramaphosa an interim order stopping public hearings pending a review of the independent panel report on Phala Phala farmgate scandal.
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.
Committee Chairperson Makashule Gana said he didn’t consider it prudent to pursue this route after having taken legal advice and given the tight time frames, at least nine parties persisted.
He was backed by the IFP, Freedom Front Plus, Patriotic Alliance and Al Jama-ah, the ANC, however, by one vote, the committee moved to join the appeal.
Gana confirmed that a majority of members voted in favour of challenging the judgment, despite a split within the committee.
“The decision of the committee is that the Western Cape High Court judgment should be appealed; it is a split decision, but it is a decision nonetheless, and we will proceed with that appeal on behalf of the committee.”
The committee also resolved that the members of the Independent Panel who authored the report will not be required to appear before it, as the panel’s mandate concluded with the submission of its report.
The Economic Freedom Fighters (EFF) Treasurer General and member of Section 89 Impeachment Committee Omphile Maotwe argued that there is no reason to call the Independent Panel to present its report before the Committee.
The Panel’s duty was to determine whether there was prima facie evidence, and it has already fulfilled that mandate.
The duty of the Impeachment Committee is to establish the veracity of the allegations by calling witnesses and assessing the evidence presented before the Committee.
The committee resolved that the upcoming evidence leaders will be tasked with guiding committee members through the existing text and gathered evidence.
Gana explained that while the committee aimed to finalise its administrative framework on Wednesday, extensive debates derailed the schedule.
Members failed to conclude discussions on nominations for the appointment of evidence leaders and the draft terms of reference designed to guide the formal enquiry.
Gana stated that owing to the length of member contributions, the committee will reconvene next week to clear the backlog.
He said the committee will reconvene on Wednesday, August 5, and Friday, August 7, to continue its work on finalising the appointment of evidence leaders and the inquiry’s terms of reference.