Section 89 Committee to appeal court ruling halting Ramaphosa impeachment
Parliament’s Section 89 impeachment committee has resolved to appeal the Western Cape High Court ruling that temporarily halted impeachment proceedings against President Cyril Ramaphosa, marking a significant escalation in the legal battle over the Phala Phala matter.
Committee chairperson Makashule Gana confirmed that a majority of members voted in favour of challenging the judgment, despite a split within the committee on Wednesday.
"The decision of the committee is that the Western Cape High Court judgment should be appealed; it is a split decision, but it is a decision nonetheless, and we will proceed with that appeal on behalf of the committee."
The move follows last week’s High Court ruling granting Ramaphosa an interim interdict, which effectively pauses Parliament’s impeachment hearings pending the outcome of his review application. The court, in a divided judgment, found that the President had established sufficient grounds for temporary relief.
The majority judgment prevents the committee from continuing with public hearings under National Assembly Rule 129M until the legality of the Independent Panel’s findings is reviewed.
Gana indicated that legal teams are now preparing to escalate the matter to the Constitutional Court.
"Legal and everyone else will start working on that decision to ensure that the papers are then submitted to the Constitutional Court."
The committee also took a separate decision that the authors of the Independent Panel report would not be required to appear before it, noting that the report is already formally before Parliament.
The developments come as the committee grapples with outstanding procedural issues, including the appointment of evidence leaders and finalisation of its terms of reference.
Gana said additional meetings have been scheduled for next week to address these matters.
"We will meet on Wednesday and Friday next week to try to finalise or get close to finalising the outstanding issues," he said, urging members to find consensus on key appointments and procedural frameworks.
The High Court case stems from the Independent Panel’s conclusion that Ramaphosa may have a case to answer regarding the 2020 theft of foreign currency at his Phala Phala farm in Limpopo.
Ramaphosa’s legal team, led by Advocate Wim Trengove SC, argued that the panel applied the wrong legal standard in reaching its findings. Opposing parties, including the African Transformation Movement, contended that the impeachment process should proceed without court interference.
The court’s interim ruling has effectively paused the parliamentary process, but the committee’s decision to appeal signals that the legal dispute over the scope of Parliament’s impeachment powers is far from settled.
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