UPDATE: Impeachment Committee resolves to appeal High Court ruling

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Parliament’s Impeachment Committee, led by Rise Mzansi MP Makashule Gana, has also decided to appeal the Western Cape High Court ruling on President Cyril Ramaphosa’s bid to halt the work of the Impeachment Committee.

 

The High Court ruled in the President’s favour last Friday, stopping the Committee, pending a review of the independent panel report on the Phala Phala matter.

 

READ MORE: Court halts impeachment committee pending Phala Phala review – Smile 90.4FM

 

The Committee joins political parties, the EFF and the African Transformation Movement (ATM), which have followed the same route.

 

It resolved at a meeting on Wednesday to work with its legal team to prepare and file the necessary papers.

 

Meanwhile, Gana noted that the Committee would continue its work.

 

“The committee will continue its work towards finalising the appointment of the evidence leaders and the terms of reference,” Gana said.

 

 

In a statement on Tuesday, the EFF noted that it has approached the Constitutional Court on an urgent basis, noting that the High Court’s judgement was “fundamentally flawed and ought to be overturned”.

 

The EFF said the court interfered with Parliament’s constitutional functions.

 

“Every day that this interdict remains in place prevents Parliament from exercising its constitutional responsibility to investigate whether the President has committed serious violations of the Constitution or the law, serious misconduct, or is unable to perform the functions of office as contemplated in Section 89… The judiciary cannot undermine Parliament’s constitutional role by halting an inquiry before it has reached any conclusion,” read the EFF’s statement.

 

The EFF believe that the President is trying to stop Parliament from holding him accountable.

 

“The EFF further maintains that Ramaphosa cannot use the courts to suspend a constitutional accountability mechanism directed at investigating his own conduct. Allowing the subject of an impeachment inquiry to stop that inquiry through litigation weakens Parliament’s oversight powers and creates a dangerous precedent where those entrusted with public power can avoid accountability by delaying constitutional processes.”

 

 

The ATM said this ruling is especially concerning as it creates “an unsustainable precedent and judicial uncertainty”. 

 

“It directly affects the implementation of an order previously issued by the Constitutional Court, which referred the Independent Panel report to the Parliament’s Impeachment Committee,” read the ATM’s statement on Friday, 24 July.  

 

 

 

*This article has been updated and edited to include comment by Parliament’s Impeachment Committee for the Section 89 Enquiry.

Caitlin Maledo
Caitlin Maledo
Caitlin is an enthusiastic journalist, that has been exploring her interest in broadcast media since 2019. With a natural curiosity for the world around her, you'll always find her poking around hidden gems throughout Cape Town and surrounds.

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