Western Cape High Court to rule on Ramaphosa bid to halt Phala Phala committee

President Cyril Ramaphosa will learn at 10am on Friday whether the Western Cape High Court will grant his urgent application to interdict Parliament’s section 89 committee probing the Phala Phala scandal.

What the court is deciding

The urgent application asks the court to suspend the committee’s work while the president pursues a separate review of the section 89 independent panel report. The review has been fast-tracked and is set down for September 2 to 4.

A full bench of judges André le Grange, Matthew Francis and Diane Davis heard the matter on Wednesday and Thursday last week and reserved judgment.

Arguments in court

Advocate Wim Trengove, for the president, told the court his client faced irreversible injustice if subjected to what he described as “a humiliating public trial based on a report still under legal scrutiny.” He argued the court must weigh that risk against a delay of two or three months.

Opposition parties told the court the application was a delay tactic aimed at avoiding accountability. The committee has refused to wait and met on Wednesday to consider draft terms of reference and to settle on a preferred evidence leader after narrowing the field when several senior advocates indicated they were unavailable.

Committee chairperson Makashule Gana said the committee’s work would continue until a court ordered otherwise.

“But in any case, we’re not going to stop until the court has made a determination,”

Gana told the court the president’s own counsel had described the committee’s work so far as preparatory including appointing evidence leaders, preparing witnesses and finalising terms of reference none of which the interdict sought to stop.

Background to the legal fight

The legal dispute follows a May ruling by the Constitutional Court that the National Assembly’s December 2022 decision to shelve the independent panel report was invalid and that the report be sent back to Parliament.

The panel composed of former Chief Justice Sandile Ngcobo, retired judge Thokozile Masipa and advocate Mahlape Sello found in November 2022 that there was prima facie evidence that Ramaphosa may have violated the constitution and anti-corruption legislation in relation to a February 2020 burglary at his Phala Phala game farm in Limpopo, during which foreign currency hidden at the property was stolen. The panel also found he may have had a case to answer for keeping the investigation of the burglary private. Ramaphosa has consistently denied any wrongdoing.

At the time, the ANC used its majority to vote against adopting the report; the Constitutional Court later overturned that decision. Last month, the National Assembly adopted amended rules to govern the work of the 31-member committee, allowing it to begin despite the president’s court bid.

Possible outcomes and next steps

If the Western Cape High Court grants the interdict, the committee’s work will be paused at least until the president’s review is decided in September. If the interdict is refused, the president will have to answer to the committee and face cross-examination over what he knew about the theft.

Legal analyst Mpumelelo Zikalala told IOL that Friday’s ruling was unlikely to be the last word.

“Whoever loses the matter can appeal to the SCA,”

“After that, the Constitutional Court.”