The Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM) have confirmed their intention to oppose President Cyril Ramaphosa’s urgent application to interdict Parliament from proceeding with an impeachment inquiry. Ramaphosa filed the papers in the Western Cape High Court on Friday, seeking to halt the process until his separate review application regarding the Section 89 Independent Panel report is finalized.
Opposition to the Interdict
Political parties and legal analysts are lining up against the President’s request. The EFF stated that the application is a move to “delay accountability,” while spokesperson Sinawo Thambo affirmed the party would continue to defend the Constitutional Court’s directive that Parliament must establish an impeachment committee. Asherson Attorneys, representing the ATM, indicated they would argue that the application lacks genuine urgency and suggested that any urgency was “self-created.” ActionSA’s Lerato Ngobeni also rejected the bid, maintaining that the committee’s work must continue unless a court orders otherwise.
The President’s Legal Argument
In his court filings, President Ramaphosa argued that he faces “irreparable harm” if the impeachment inquiry proceeds while the validity of the Independent Panel report remains under legal review. He stated that his goal is not to prevent Parliament from exercising its constitutional powers, but to clarify whether those powers should be exercised while the legal basis for the process—the panel report—is being challenged. He noted that he requested a stay of proceedings from Speaker Thoko Didiza and Committee Chair Makashule Gana, but both declined, citing the committee’s independent authority to manage its own agenda.
What Happens Next
The court will now need to determine whether to grant the interim relief requested by the President. If the interdict is denied, the Impeachment Committee is expected to proceed with its work as directed by the Constitutional Court. If granted, the inquiry would be paused for an indefinite period while the review application is heard. Political analyst Sandile Swana noted that Parliament is currently guided by the Constitutional Court’s instruction to conduct the inquiry, and the panel report remains in effect until a court rules otherwise.
Frequently Asked Questions
Why does President Ramaphosa want to interdict the impeachment inquiry?
He argues that he will suffer “irreparable harm” if the inquiry proceeds based on an Independent Panel report that he is currently challenging in court.
How has Parliament responded to the request to stay the proceedings?
National Assembly Speaker Thoko Didiza and the committee’s legal team informed the President that the committee determines its own agenda and that they would not accede to his request to halt preparations.
What is the position of the political parties involved?
The EFF, ATM, and ActionSA have all indicated they will oppose the interdict, arguing that Parliament must fulfill its constitutional duty to hold the President accountable.
How do you believe the balance between executive legal rights and parliamentary oversight should be maintained in this case?