President Cyril Ramaphosa has launched an urgent court application to stop Parliament from proceeding with an impeachment inquiry against him while a separate legal challenge remains unresolved.
Court papers filed in the Western Cape High Court on Friday show that Ramaphosa is seeking an urgent interdict preventing National Assembly Speaker Thoko Didiza and the chairperson of Parliament’s impeachment committee, Makashule Gana, from commencing the inquiry.
In an affidavit accompanying the application, Ramaphosa said he had been left with no alternative but to approach the court on an urgent basis.
He argued that there is a real possibility that the impeachment committee could begin its proceedings before the court has ruled on his pending review application.
That review application seeks to have the Ngcobo panel report set aside. The report recommended that Ramaphosa face an impeachment inquiry.
Ramaphosa wants the court to order that the impeachment process in terms of Rule 129M of the National Assembly’s rules be suspended until the review application has been finalised.
“The First and Second Respondents are interdicted from commencing an impeachment inquiry in terms of Rule 129M of the Rules of the National Assembly,” the notice of motion states.
The president has also requested that the court dispense with the normal rules governing time periods and service because of the urgency of the matter.
Didiza is cited as the first respondent in the application, while Gana is listed as the second respondent.
The third, fourth and fifth respondents are African Transformation Movement leader Vuyo Zungula, the Economic Freedom Fighters and the African Transformation Movement.
Ramaphosa is further seeking a costs order against any party that chooses to oppose the application.
According to the court papers, respondents who intend opposing the application have eight days from the date of service to file a notice of opposition and their answering affidavits.
The latest court challenge marks another significant step in Ramaphosa’s battle against the impeachment process and could have far-reaching consequences for Parliament’s ability to proceed with the inquiry before the review application is decided.
