Ramaphosa awaits court decision as Phala Phala impeachment process hangs in the balance

President Cyril Ramaphosa is expected to learn on Friday whether Parliament's impeachment inquiry into the Phala Phala farm scandal can continue or must be temporarily halted.

The Western Cape High Court is scheduled to deliver judgment at 10:00 on the president's urgent application to suspend the work of Parliament's Section 89 committee while his separate legal challenge against the independent panel's report is still before the courts.

Ramaphosa is seeking an interim interdict, arguing that allowing the impeachment process to proceed before the review is heard could result in irreversible reputational and legal harm. His review application has been fast-tracked and is due to be heard from 2 to 4 September.

During last week's hearing, the president's legal representative, Advocate Wim Trengove, argued that Ramaphosa should not be subjected to a public impeachment process based on findings that are themselves under judicial review. He maintained that delaying the committee's work by a few months would be less harmful than proceeding prematurely.

Opposition parties have dismissed the application, describing it as an attempt to delay accountability. They argued that Parliament should be allowed to continue with its constitutional responsibilities while the review process unfolds.

Despite the pending judgment, the Section 89 committee has continued with preparatory work. Members recently considered draft terms of reference and shortlisted a candidate to lead evidence in the inquiry after several senior advocates became unavailable.

Committee chairperson Makashule Gana has insisted that the committee will only suspend its activities if directed to do so by the court. He noted that the president's legal team acknowledged that the committee's current work is largely administrative, including appointing evidence leaders, preparing witnesses and finalising procedural matters.

The impeachment process follows a Constitutional Court ruling in May that overturned Parliament's 2022 decision to reject the findings of the independent Section 89 panel. The apex court ordered that the report be referred back to the National Assembly for further consideration.

The panel, chaired by former Chief Justice Sandile Ngcobo alongside retired Judge Thokozile Masipa and Advocate Mahlape Sello, concluded in 2022 that there was prima facie evidence suggesting Ramaphosa may have breached the Constitution and anti-corruption legislation in relation to the 2020 burglary at his Phala Phala game farm in Limpopo, where foreign currency concealed on the property was stolen.

The panel also found that the president may have questions to answer regarding the handling of the investigation into the theft. Ramaphosa has consistently denied any wrongdoing.

Following the Constitutional Court's judgment, Parliament adopted revised rules governing the impeachment process, enabling the 31-member committee to begin its work despite the ongoing court challenge.

In papers opposing the application, Gana argued that the president had not clearly identified which aspects of the committee's work he wanted halted and warned that granting the interdict could significantly delay the impeachment process.

Legal analyst Mpumelelo Zikalala believes the legal battle is unlikely to end with Friday's ruling, noting that the unsuccessful party could appeal to the Supreme Court of Appeal and ultimately the Constitutional Court.

If the High Court grants the interdict, the committee's proceedings will be suspended until at least the outcome of the September review. However, if the application is dismissed, the impeachment inquiry is expected to continue, requiring the president to respond to the allegations before the committee.