EFF and ATM unite to challenge High Court interdict on impeachment committee

The Economic Freedom Fighters (EFF) has joined the African Transformation Movement (ATM) in seeking leave to appeal a Western Cape High Court majority ruling that interdicted Parliament’s Impeachment Committee from proceeding while President Cyril Ramaphosa challenges an Independent Panel report linked to the Phala Phala matter.

What the parties say

The EFF said the High Court’s majority judgment delivered by Judges Diane Davis and André le Grange is “fundamentally flawed” and should be overturned. Judge Matthew Francis provided a dissenting judgment.

In court papers, EFF leader Julius Malema pointed to Francis J’s dissent, saying it “extensively dealt with how the president has no prospects of success at the review court, which is a contention that ‘the majority did not bother itself with’.”

Malema framed the appeal around a central question:

“Given the facts of this matter, may Parliament be disabled from discharging its constitutional duty while the president challenges the lawfulness of an Independent Panel report that gave rise to that duty?”

Why the EFF says the order is wrong

The party argued the court’s order effectively “temporarily immobilises Parliament from carrying out its core and exclusive constitutional function” by staying public impeachment hearings pending the president’s review of the panel report. The High Court ordered the committee be interdicted from proceeding with its work pending the outcome of Ramaphosa’s review of the Independent Panel report, which will be heard in September.

Malema said Francis J’s minority finding maintained that, unless a court has declared the panel report unlawful, “it must be treated as valid, and the Impeachment Committee is entitled to rely on it.” He said the majority was silent on that position and did not give due regard to the separation-of-powers harm caused by restraining Parliament.

Calls for Constitutional Court intervention

The EFF said it supports the ATM and its leader Vuyo Zungula in seeking leave to appeal the majority judgment. The party added that “Ramaphosa cannot use the courts to suspend a constitutional accountability mechanism directed at investigating his own conduct” and urged urgent intervention by the Constitutional Court so the accountability process is not left suspended through prolonged litigation.

Parliamentary response

The Impeachment Committee also resolved to appeal the High Court ruling.

Key names in the judgments: Judges Diane Davis and André le Grange (majority); Judge Matthew Francis (dissent).