EFF criticises ConCourt decision that keeps Ramaphosa impeachment on hold

The Economic Freedom Fighters (EFF) has voiced disappointment after the Constitutional Court declined to hear an urgent appeal challenging a Western Cape High Court order that suspended public hearings by Parliament’s Section 89 Impeachment Committee.

ConCourt refuses urgent appeal

In a ruling delivered on Wednesday, the Constitutional Court refused permission to appeal directly against the Western Cape High Court’s interim interdict. The apex court said the outcome of President Cyril Ramaphosa’s review application in the Western Cape High Court would render the interim interdict moot.

The Constitutional Court also refused an application by the uMkhonto weSizwe Party and United Africans Transformation (UAT) to file a replying affidavit, finding that no case had been made out for it. The court decided not to award costs.

Background: hearings paused

Last month, the Western Cape High Court barred the Section 89 Impeachment Committee from holding public hearings until the review application, which seeks to overturn an independent panel’s report finding that the president had a case to answer, has been finalised.

African Transformation Movement leader Vuyo Zungula approached the Constitutional Court asking for permission to appeal directly against that high court order. The EFF, the MK Party and UAT joined the ATM in challenging the interim interdict that paused Parliament’s impeachment inquiry into President Ramaphosa.

EFF response: disappointment and concern

The EFF said it noted the Constitutional Court’s decision with “disappointment”. Party spokesperson Thembi Msane criticised the court’s description of the review as “imminent”, pointing out that the review is scheduled to be heard on September 2 and 3.

“There is no certainty as to when judgment will be handed down thereafter. A matter being scheduled for hearing does not mean that its judgment is imminent,” Msane said.

Msane said past cases, including the Phala Phala matter, had shown judgments can take many months to be delivered. She said the Western Cape High Court judgment had already impeded Parliament’s ability to proceed and warned that continued suspension of parliamentary processes could weaken Parliament’s oversight responsibilities.

“The Section 89 process is a parliamentary process established to enable Parliament to exercise its constitutional responsibility to hold the executive accountable,” Msane said.

Impeachment committee to continue preparations

Impeachment Committee chairperson Makashule Gana said the committee had noted the Constitutional Court’s decision and would continue with preparatory work in line with the Western Cape High Court’s decisions.

“We are going to continue with our preparatory work in line with the decisions that were made by the Western Cape High Court,” Gana said.

Gana said the committee would finalise the terms of reference, meet next week and seek updates on the appointment of evidence leaders, adding that administrative preparations had not been interrupted.