Ramaphosa to seek court interdict to stall Phala Phala impeachment process

Ramaphosa to ask courts to halt impeachment process after ConCourt ruling

President Cyril Ramaphosa is preparing to seek an urgent court interdict to stop the establishment of a parliamentary impeachment committee after the Constitutional Court ordered Parliament to revive its inquiry into the Phala Phala scandal.

What the President plans

ANC sources told IOL that Ramaphosa intends to interdict the Section 89 process, aiming to prevent the Speaker’s recently announced 31-member impeachment committee from being formed. The committee was announced by National Assembly Speaker Thoko Didiza and parties have until May 22 to submit nominations.

Why the committee was summoned

The Speaker’s decision follows a Constitutional Court judgment that found Parliament acted unconstitutionally in December 2022 when it used the ANC majority to block an impeachment inquiry into Ramaphosa over the Phala Phala matter. The ConCourt ordered Parliament to refer the Independent Panel’s report directly to an impeachment committee.

Party line and official positions

ANC sources said the party has publicly backed the President’s move and that members must align with the party’s position. The party’s position was echoed at the ANC National Executive Committee meeting where Secretary-General Fikile Mbalula told delegates the NEC had reaffirmed full support for Ramaphosa and endorsed his decision to seek a High Court review of the Section 89 independent panel report.

ANC spokesperson Mahlengi Bhengu-Motsiri responded to reports of a plan to halt parliamentary processes, saying the party was not aware of any such plan and emphasising that the ConCourt judgment concerned parliamentary procedure rather than a criminal or impeachment finding.

“Attempts to deliberately misrepresent that judgment as proof of wrongdoing are misleading and irresponsible. The ANC remains committed to constitutionalism, accountability and the rule of law, including respect for parliamentary and judicial processes,”

The President himself told delegates last week he would not resign and said he would launch an urgent judicial review to challenge the Section 89 independent panel report.

Legal views on an interdict

Asked whether the President will interdict the impeachment proceedings, Ramaphosa’s spokesperson Vincent Magwenya said:

“Let’s wait for papers to be filed”

Legal expert Advocate Zwelethu ‘Mighty’ Madasa told IOL that the President would have to show he has the right to bring the application and that there is a risk of irreparable harm if the process is not halted. Madasa said the interdict is likely the more convenient route, noting potential impacts on personal reputation and pension benefits.

“On this criteria, clearly the President has a right to make the application because the impeachment concerns his personal reputation and has implications if successful to negatively impact his right to pension benefits,”

Madasa also cautioned that stopping the process could raise constitutional concerns, saying a court might be reluctant to interfere with Parliament’s duty to oversee the executive or to block a constitutionally provided impeachment procedure.

Political reaction

Political analysts cited by IOL described the move as legally and politically fraught. Professor Andre Duvenhage said an interdict application shows the President is in a difficult position and could be a tactic to buy time. Professor Ntsikelelo Breakfast argued that while Ramaphosa has the right to seek review, his timing raised questions about good faith.

Next steps: Parties must submit nominations for the 31-member impeachment committee by May 22. The President’s legal papers, if launched, will determine whether the courts consider pausing the parliamentary process.