The Western Cape High Court is expected to deliver judgment on Friday morning in President Cyril Ramaphosa’s urgent application to suspend Parliament’s Section 89 impeachment committee pending the outcome of his review of the independent panel’s report that recommended an impeachment inquiry.

Judgment has been set down for 10am after a full bench heard two days of argument last week.

Ramaphosa is seeking an interim interdict preventing the committee from proceeding with public hearings until the court has ruled on his review application, which is scheduled to be heard in September.

The president is challenging the independent panel’s finding that there was sufficient evidence for Parliament to establish an impeachment committee.

His legal team argued that the panel applied the wrong legal test by relying on a prima facie standard rather than determining whether sufficient evidence existed to justify an inquiry.

Advocate Wim Trengove SC, appearing for Ramaphosa, also argued that the panel failed to properly consider whether there was evidence that the President had acted intentionally or in bad faith in relation to allegations arising from the Phala Phala matter.

Trengove told the court that Parliament’s impeachment rules were intended not only to hold presidents accountable but also to protect them from being subjected to unjustified impeachment proceedings.

Parliament, along with the Economic Freedom Fighters (EFF), the African Transformation Movement (ATM) and other respondents, opposed the application.

They argued that the Constitutional Court had already directed Parliament to proceed with the Section 89 process and that the impeachment inquiry should continue while Ramaphosa’s review application is heard separately.

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Rise Mzansi MP Makashule Gana has been elected chairperson of Parliament’s Section 89 impeachment committee into President Cyril Ramaphosa’s handling of the theft of foreign currency from his Phala Phala farm.

Gana, who was nominated by the ANC and seconded by his former party, the DA, was elected chairperson by 19 votes to 12, defeating United Africans Transformation MP Wonderboy Mahlatsi.

Mahlatsi was nominated by the Economic Freedom Fighters (EFF) and backed by the uMkhonto weSizwe Party (MKP) and several smaller parties.

After being declared the winner, Gana thanked the committee members for their confidence in him and said the committee’s work would begin immediately.

“I want to thank all the members and everyone who participated in this process. The work has just begun. The Section 89 committee is now in progress. The matters within our control will be dealt with, while those outside our control will be handled by the relevant bodies,” Gana said.

He said ongoing processes relating to parliamentary rules would run parallel to the committee’s work and would not delay its proceedings.

Gana then adjourned the meeting, saying members would be informed of the next steps.

The committee was established after the Constitutional Court ruled that the National Assembly had failed to follow the proper process in dealing with allegations arising from the theft of foreign currency at President Cyril Ramaphosa’s Phala Phala farm.

Ramaphosa has taken the Independent Panel’s findings on judicial review, arguing that the panel applied an incorrect legal standard and failed to demonstrate sufficient evidence to justify impeachment proceedings.

In papers filed in the Western Cape High Court on May 26, Ramaphosa also indicated he would seek to interdict the committee pending the outcome of the court challenge.

National Assembly Speaker Thoko Didiza earlier this month announced the 31 MPs nominated by political parties to serve on the committee.

Under Parliament’s rules, the committee will investigate the allegations and make recommendations to the National Assembly. Should it recommend removal, the Assembly would debate and vote on the matter, with a two-thirds majority required to remove a sitting president.

Parliament said GOOD and the Pan Africanist Congress would not participate in the committee because each party has only one MP who serves in the executive.

The ANC’s representatives are Doris Mpapane, Xola Nqola, Soviet Lekganyane, Faith Muthambi, Cameron Dugmore, Dikeledi Direko, Boyce Maneli, Mirateko Mahlaule and Lusizo Makhubela, with Joy Maimela serving as an alternate.

The DA nominated George Michalakis, Baxolile Nodada, Glynnis Breytenbach, Karabo Khakhau and Nazley Sharif.

The MKP nominated John Hlophe, Mmabatho Mokoena-Zondi and Khanyisile Litchfield-Tshabalala, while the EFF nominated Julius Malema and Omphile Maotwe.

Other members include Nhlanhla Hadebe (IFP), Marlon Daniels (Patriotic Alliance), Wouter Wessels (FF Plus), Lerato Ngobeni (ActionSA), with Athol Trollip serving as an alternate.

The ACDP nominated Steve Swart, the UDM nominated Nqabayomzi Kwankwa, Rise Mzansi nominated Gana, Build One South Africa nominated Mmusi Maimane, the ATM nominated Vuyo Zungula, Al Jama-ah nominated Imran Ismail-Moosa, the National Coloured Congress nominated Fadiel Adams, and United Africans Transformation nominated Mahlatsi.

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