Impeachment Committee in Parliament is expected to oppose President Cyril Ramaphosa’s court application to halt the inquiry into Phala Phala scandal.
Image: Phando Jikelo / RSA Parliament
Parliament’s impeachment committee will oppose President Cyril Ramaphosa’s urgent court application to stop the inquiry into the Phala Phala scandal, with legal counsel saying the committee is constitutionally allowed to proceed.
Advocate William Rasenga Mokhare SC told committee members during a virtual meeting on Thursday that they have the legal authority to continue with the process and should defend their mandate in court.
Ramaphosa has approached the Western Cape High Court seeking an interdict to halt the impeachment inquiry while legal questions around the process are considered.
The application comes as Parliament moves through preliminary steps linked to the Phala Phala matter.
According to Mokhare’s opinion, the impeachment process under Section 89 of the Constitution is not optional, but a duty Parliament must carry out properly and without delay.
He further stated that the committee was established specifically to conduct the preliminary inquiry required by law and remains bound by a Constitutional Court order referring the Ngcobo panel report to Parliament for consideration.
Following the legal advice, the majority of committee members agreed that the impeachment committee should oppose the president’s application.
Committee chair Magashule Gana indicated he would first request the Speaker of the National Assembly, Thoko Didiza, to formally oppose the interdict on Parliament’s behalf, adding that the committee would proceed independently if necessary.
ActionSA’s Athol Trollip supported that application be opposed.
“The ConCourt is not appealable and there a lower can review the judgment,” Trollip said.
The decision reflects growing institutional tension as the committee moves to assert its powers while the president seeks judicial protection from the inquiry.
However, not all members supported the move. Democratic Alliance (DA) Chief Whip Glynnis Breytenbach objected to the committee taking part in opposing the application, highlighting divisions within the panel.
Mokhare maintained that opposing the interdict would not compromise the committee’s neutrality, stressing that its position relates only to protecting its constitutional function, not to any finding on the president’s conduct.
“The committee is defending its right and obligation to conduct the impeachment inquiry,” he said, adding that it is not making any determination on whether Ramaphosa committed an impeachable offence.
The matter is now expected to play out in court alongside Parliament’s ongoing process.
Mokgare stated that the High Court lacks jurisdiction to halt a Constitutional Court order.
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