President Cyril Ramaphosa.
Image: Oupa Mokoena / Independent Newspapers
The clock is ticking for Parliament, which has until this week to respond to President Cyril Ramaphosa’s court bid to interdict the impeachment committee from starting its work.
Ramaphosa filed papers in the Western Cape High Court on Friday, seeking an interdict against National Assembly Speaker Thoko Didiza and Impeachment Committee Chairperson Makashule Gana. He wants them barred from commencing the impeachment inquiry pending the decision on his review application regarding the Independent Panel report.
His attorney wrote to Didiza and Gana requesting the stay in commencing the proceedings until the review application has been determined.
However, Didiza told him that the parliamentary committees determine their own working arrangements and agenda, while the State Attorney acting for Gana advised that his request was refused because the committee was continuing with preparations for the inquiry.
In his papers, Ramaphosa's lawyers said the Speaker and the other respondents have eight days from receipt of the notice to indicate if they would oppose the application.
Ramaphosa’s papers said a case management meeting was held on June 4, 2026 to establish a timeline for the review of the independent panel's report. The meeting was chaired by Judge Nathan Erasmus.
Ramphosa previously said that based on advice from his legal team, he decided to proceed with taking the independent panel’s report on review on an expeditious basis.
In Friday’s papers, he said: “He (Judge Erasmus) recognised the urgency of the matter and emphasised the importance of it being heard as soon as reasonably possible. He indicated that the Judge President would allocate judges for the case in order to ensure an expeditious hearing.
“Following the discussions at the meeting, and in the light of the court's commitment to ensuring a swift determination of the review application, it was directed that the matter will be heard from 2 to 4 September 2026,” Ramaphosa said.
“I, unfortunately, have no option but to institute the current application. This is because there is a possibility, and in fact a likelihood, that the Impeachment Committee will begin the impeachment hearings before the court has made a decision on the review application.”
The president said that there was “no satisfactory alternative remedy” after he was informed that his legal challenge to the panel report did not automatically suspend the impeachment enquiry.
“I have attempted to persuade the Speaker and the Chairperson of the Impeachment Committee that, while the necessary preliminary steps should continue to be taken, the enquiry itself should not commence until the review application has been determined. Those attempts have not been successful,” Ramaphosa said.
He said Gana appears to be under the impression that the committee does not have the power to stand the enquiry down until the court has determined the review application.
“That impression is mistaken. According to Rule 164 of the Rules of the National Assembly, which applies to all committees, ‘[t]he chairperson of a committee (a) may interrupt or suspend the proceedings or adjourn the meeting; and (b) may change the date for the resumption of business, provided reasonable notice is given.
“Given the attitude of the chairperson, only an order of this court can preserve the status quo pending the determination of the review application,” Ramaphosa said.
He explained that his urgency is due to how fast the chairperson intends to get the committee's work under way, and that if that occurs, it will undermine the effectiveness of his legal challenge of the panel report.
“Even if only part of the impeachment enquiry is undertaken before the review application is determined, substantial harm will already have been done. In those circumstances, the review court will be confronted with a situation in which consequences flowing from the report have already occurred before the validity of the report has been determined. The effectiveness of the review proceedings will have been materially undermined.”
Parliament Spokesperson, Moloto Mothapo, said: “The Speaker has received the papers and is applying her mind to their contents. An appropriate response will be determined in due course.”
Gana, said: “We have received the interdict papers from President Ramaphosa’s lawyers seeking to interdict the work of the impeachment committee. Our lawyers are studying the court papers, and we will comment after. We do have a committee meeting scheduled for the 24th of June 2026.”
The EFF, which is cited as responding along with the ATM, said the application for an interdict confirmed that Ramaphosa will exhaust every legal and political avenue to delay accountability and avoid facing the impeachment inquiry.
The ATM has advised Ramaphosa's legal representatives that it was opposing the urgent application. The ATM legal team also said one day should be sufficient for the hearing of the application.