EFF and ATM unite to block Ramaphosa's court move on impeachment inquiry

Mayibongwe Maqhina | Published 1 day ago

The EFF and ATM moved swiftly on Saturday to indicate that they will oppose President Cyril Ramaphosa’s application to interdict Parliament from proceedings with the impeachment inquiry, pending the outcome of the separate court challenge.

Ramaphosa filed papers in the Western Cape High Court on Friday , asking that National Assembly Speaker Thoko Didiza and Impeachment Committee Chairperson Makashule Gana be stopped from commencing with the impeachment inquiry pending the decision on his review application on the Independent Panel report.

He said his attorney wrote to Didiza and Gana requesting the stay of the commencement of the proceedings until the review application has been determined.

However, Didiza told him the parliamentary committees determine their own working arrangements and agenda, and the State Attorney acting for Gana advised that his request was not acceded to as the committee was continuing with preparations for the inquiry.

Ramaphosa said he was left with no option but to institute the urgent application.

“This is because there is a possibility, and in fact a likelihood, that the Impeachment Committee will begin the impeachment hearings before the court has made a decision on the review application,” he said.

The president added that if the impeachment process was allowed to proceed on the basis of the Independent Panel report, which he is challenging its validity, he would suffer irreparable harm and prejudice.

“I submit that, absent the interim interdictory relief, there is a high risk and in fact an inevitability of irreparable harm. This harm is neither speculative nor remote. It will arise immediately and directly from the commencement of the impeachment inquiry.”

Gana confirmed receiving the court papers on Friday.

“Our lawyers are studying the court, and we will comment after,” he said, adding that the committee meeting was scheduled for June 24 .

The EFF, which is cited as responding along with the ATM, said the application for an interdict confirmed that Ramaphosa will exhaust every legal and political avenue to delay accountability and avoid facing the impeachment inquiry.

“The EFF will oppose this urgent interdict application. We will continue to defend the Constitutional Court's judgment, which unequivocally directed Parliament to establish an Impeachment Committee to inquire into the findings of the Section 89 Independent Panel report,” spokesperson Sinawo Thambo said.

The ATM has advised Ramaphosa's legal representatives that it was opposing the urgent application.

“Although our clients intend to advance the argument that the application is not urgent, and that any urgency may have been self-created, they request that the matter be heard on an expedited basis during the week of 22 June 2026,” said Asherson Attorneys.

The ATM legal team also said one day should be sufficient for the hearing of the application.

“Our client's firm view is that this application, by its nature, requires the court to deal with it and dispose of it as soon as possible.”

In his review application papers, Ramaphosa said his application was not to prevent the Impeachment Committee from exercising its powers.

“The issue is whether the National Assembly and the Impeachment Committee should exercise those powers at a time there is a legal dispute as to whether they actually have such powers, because the process is triggered by the report whose validity is presently the subject of review proceedings before this court.”

ActionSA’s Lerato Ngobeni said her party rejected Ramaphosa's urgent application to interdict the Impeachment Committee from commencing its work.

Agreeing with the EFF, Ngobeni said the application does not suspend Parliament's duty to hold Ramaphosa accountable.

“ActionSA remains firmly of the view that the Section 89 Committee must proceed with its work unless and until a competent court orders otherwise,” she said.

Legal analyst Modidima Maanya said he was not surprised by Ramaphosa's decision to seek to interdict the impeachment process, as he had indicated his intention.

Maanya said there is no obligation in law for Parliament to accede to his demand.

“It is at the discretion of Parliament to put the process on hold pending the review,” he said.

Maanya further said that as a matter of law, the president did not have the right to get the interdict just because he had taken the Independent Panel report on review.

“He will have to make out a strong case,” he said.

Political analyst Sandile Swana said the interdict application was characteristic of ANC leaders to engage in Stalingrad strategy.

Swana said Parliament has guidance for the court ruling that they must continue with the inquiry, and the report of the Independent Panel still stands until set aside by the court.

“They have to follow the spirit and letter of what the Constitutional Court has told them to do,” he added.

Another political analyst, Professor Dirk Kotze said Ram…