ATM takes fight over Ramaphosa impeachment freeze to Constitutional Court

Cape Town – The African Transformation Movement (ATM) says it will urgently approach the Constitutional Court to seek clarity on the Western Cape High Court’s ruling temporarily halting Parliament’s Section 89 impeachment inquiry into President Cyril Ramaphosa over the Phala Phala scandal.

The party, which initiated the impeachment process and is a respondent in the matter, said it wants the apex court to clarify the implementation and legal effect of the High Court’s order, particularly whether it can suspend a process previously directed by the Constitutional Court.

The Western Cape High Court on Friday granted Ramaphosa’s application to interdict Parliament’s impeachment committee from holding public hearings while it considers his review application challenging a November 2022 independent panel report that found he “may have committed” serious violations and misconduct.

“Pending the determination by this court of the applicant’s review… respondents are interdicted from proceeding with a public impeachment hearing,” Judge Andre le Grange ruled.

The case stems from the 2020 theft of $580,000 hidden in furniture at Ramaphosa’s Phala Phala game farm in Limpopo. The president has denied any wrongdoing, saying he reported the burglary to police and that the money was proceeds from the sale of 20 buffaloes.

According to SABC News, ATM spokesperson Zama Ntshona said the party’s urgent Constitutional Court application is aimed at ensuring certainty over Parliament’s responsibilities, the Constitutional Court’s authority and the continuation of the Section 89 process.

Ntshona noted that a dissenting judgment found Ramaphosa had failed to establish a case for interim relief, highlighting the constitutional significance of the matter. He argued that because the Constitutional Court had already directed Parliament to proceed with the impeachment process after referring the independent panel’s report to the impeachment committee, it was “imperative” for the apex court to clarify “whether the implementation of its own order can be suspended by a lower court.”

Following Friday’s ruling, Ramaphosa said he “reaffirms his respect of judicial independence and separation of powers enshrined in our Constitution” and that he “will continue to cooperate with and abide by processes of accountability.”

The High Court is expected to hear Ramaphosa’s application to set aside the 2022 independent panel report in September. The impeachment process was revived after the Constitutional Court overturned Parliament’s earlier decision not to proceed with an inquiry, paving the way for the establishment of the Section 89 impeachment committee.