ATM leader Vuyo Zungula has dismissed President Cyril Ramaphosa’s successful Western Cape High Court interdict against the Phala Phala Section 89 inquiry as a pure delay tactic. Image: X
ATM
1Min
South Africa
ATM to approach Constitutional Court over Ramaphosa impeachment process
The African Transformation Movement says it will urgently approach the Constitutional Court for clarity on the Section 89 impeachment process, arguing that a recent High Court ruling has created constitutional uncertainty over Parliament's ability to continue with the Phala Phala inquiry.
The African Transformation Movement (ATM) has announced that it will urgently approach the Constitutional Court to seek clarity on the implementation of the Section 89 impeachment process following a recent Western Cape High Court ruling in favour of President Cyril Ramaphosa.
The move comes after the High Court granted Ramaphosa an interim interdict preventing Parliament from proceeding with public hearings into the impeachment inquiry linked to the Phala Phala scandal.
In a statement on Sunday ATM said the judgment has created significant constitutional uncertainty, particularly because it was not unanimous. The party noted that one of the judges dissented, finding that the President had not established sufficient grounds for interim relief, highlighting that the legal issues remain disputed.
The ATM argues that the Constitutional Court previously instructed Parliament to continue with the Section 89 process after the Independent Panel's report was referred to the National Assembly's Impeachment Committee. It now wants the apex court to clarify whether a lower court has the authority to suspend the implementation of one of its orders.
The party said the matter has wider constitutional implications, including the relationship between Parliament and the judiciary, the separation of powers, and the supremacy of the Constitution.
The ATM stressed that its application should not be viewed as an attack on the High Court or the judiciary, but rather as a lawful effort to obtain legal certainty and protect the authority of the Constitutional Court while ensuring Parliament can fulfil its constitutional obligations.
The party also maintained that President Ramaphosa's court victory is only an interim measure and does not amount to an exoneration from the allegations surrounding the Phala Phala matter, which it says must still be subjected to constitutional accountability processes.
The ATM said it remains committed to ensuring the impeachment process is not indefinitely delayed through procedural litigation and will seek urgent guidance from the Constitutional Court to allow Parliament to proceed with certainty and in accordance with the rule of law.
