President Cyril Ramaphosa has been granted an interdict by the Western Cape High Court suspending the work of Parliament’s impeachment committee until his legal challenge to an independent panel report is decided. Delivered on Friday by Judge André le Grange, the order halts public impeachment hearings tied to the Phala Phala foreign currency theft probe. The review of the panel report—drawn up by a panel chaired by former chief justice Sandile Ngcobo—is set down from September 2 to 4.
Did You Know? The independent panel report chaired by former chief justice Sandile Ngcobo found that President Cyril Ramaphosa may have a case to answer over the February 2020 theft of foreign currency at his Limpopo game farm.
Court Orders Impeachment Committee Halt
According to the Western Cape High Court order delivered by Judge André le Grange, the committee cannot go ahead with public impeachment hearings in terms of National Assembly rules while the review is pending. The judgment was not unanimous, with Le Grange indicating that the second of the judgments delivered was the majority judgment. The full bench heard the matter over two days last week alongside judges Matthew Francis and Diane Davis, who reserved judgment. Costs of the application will stand over for determination by the court hearing the review.
Presidential spokesperson Vincent Magwenya stated that the president respects the ruling. “[He] reaffirms his respect of judicial independence and separation of powers enshrined in our Constitution,” Magwenya said, adding that the president will continue to cooperate with and abide by processes of accountability. Advocate Wim Trengove, representing the president, argued during the proceedings that subjecting Ramaphosa to a public inquiry before the report was tested in court risked doing him an injustice that could not be undone.
Political and Committee Reactions
Opposition parties strongly opposed the legal bid, characterizing it as an attempt to buy time. Meanwhile, the 31-member parliamentary impeachment committee refused to wait for the ruling, meeting on Wednesday to work through draft terms of reference and narrow its list of candidates to lead evidence. Committee Chairperson Makashule Gana stated that the panel would carry on until a court told it otherwise. Gana noted that the president’s own counsel had informed the court that the committee’s work thus far was preparatory, encompassing tasks like appointing evidence leaders and preparing witnesses that the interdict did not seek to stop.
As the scheduled September court dates approach, the handling of the National Assembly rules and the fallout from the Constitutional Court’s May decision—which found the assembly acted unlawfully in December 2022 by shelving the Ngcobo panel report—remain central to the ongoing accountability framework.
Constitutional Court Background and Next Steps
The current legal battle stems from a sequence of events following the Constitutional Court’s ruling in May. The apex court found that the National Assembly acted unlawfully in December 2022 when it shelved the Ngcobo panel report using an African National Congress majority to vote it down. That report identified prima facie evidence that Ramaphosa may have breached the constitution and anti-corruption legislation regarding the February 2020 Limpopo game farm theft. Ramaphosa has consistently denied any wrongdoing.
With Parliament adopting new rules last month to govern the impeachment committee, the immediate legal focus shifts to the upcoming court review scheduled for September 2 to 4. Depending on how the bench rules on the Ngcobo panel report, the impeachment committee may either resume its public hearings or face further legal hurdles regarding its mandate.
Frequently Asked Questions
What did the Western Cape High Court rule regarding President Ramaphosa?
The court granted an interdict suspending the work of Parliament’s impeachment committee and halting public impeachment hearings until the president’s challenge to the independent panel report is decided.
Who chaired the independent panel report at the center of the dispute?
The independent panel report was drawn up by a panel chaired by former chief justice Sandile Ngcobo.
Why did the matter reach the Western Cape High Court?
The matter reached the court after the Constitutional Court found in May that the National Assembly acted unlawfully in December 2022 when it shelved the Ngcobo panel report, prompting the president to seek a review set for September 2 to 4.
How will the outcome of the September court review impact the parliamentary impeachment committee’s future actions?
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