CAPE TOWN – ActionSA has strongly reacted to President Cyril Ramaphosa seeking to stop the Phala Phala impeachment probe through urgent court papers. The party insists that parliamentary duties must proceed despite the President’s attempt to interdict the Section 89 committee proceedings in the Western Cape High Court.
President Ramaphosa recently filed urgent papers in the Western Cape High Court in Cape Town, seeking an interdict on the commencement of the impeachment process. This legal move is pending the determination of his review application against the Section 89 independent panel report.
ActionSA National spokesperson Lerato Ngobeni stated that the party is not surprised by the President’s legal maneuver. Ngobeni noted that Ramaphosa had previously warned political parties about his intentions, even calling a “family meeting” to express his opposition to the impeachment committee continuing its work.
Despite the court application, ActionSA maintains that the legislative process must go on. Ngobeni highlighted that the Constitutional Court has affirmed Parliament’s independent constitutional obligation to hold the executive accountable. The spokesperson emphasized that the Section 89 committee process is fundamentally an investigation to establish facts, not a mechanism to find the President guilty or not guilty.
Addressing the legal landscape, Ngobeni pointed to the separation of powers principle, noting that courts are generally reluctant to intervene in unfinished parliamentary proceedings. “Parliament, the executive, and the judiciary are co-equal partners in running this country,” Ngobeni explained, expressing hope that the courts will not interfere and that the President’s interdict will not succeed.
The impeachment committee is scheduled to meet on June 24 to discuss terms of reference. Furthermore, the rules committee, the sub-rules committee, and the chief whips’ forum reviewed parliamentary rules earlier this week. This review included examining potential amendments, such as determining the fit and proper persons required to serve on the committee.
With the Speaker of Parliament cited as the first respondent in the President’s court papers, ActionSA’s position remains steadfast. Ngobeni confirmed that the party had written to the Speaker following the judgment handed down by Justice Majiedt. The party’s submission asserts that the Speaker must execute her constitutional duties. “The Speaker does not work for the President. The Speaker is the head of Parliament, which is an accountability mechanism that must hold the executive to account,” Ngobeni stated.
Questioning the President’s motives, Ngobeni urged South Africans to consider why Ramaphosa, who continually claims he has done nothing wrong, would attempt to halt a process that could exonerate him and allow the public to judge the facts for themselves.
Regardless of the legal interdict, ActionSA insists that the broader investigative work will continue. Ngobeni revealed that the party is in contact with the South African Police Service (SAPS) to secure the release of records of decision. This includes investigating why certain processes were not undertaken regarding individuals who appear to have benefited from the Phala Phala saga.
“The process will carry on whether or not this impeachment committee ever sits and gets to do its work,” Ngobeni concluded.