The Constitutional Court on Tuesday reserved judgment in an application filed by the EFF against a decision by Parliament not to go ahead with an impeachment probe into President Cyril Ramaphosa’s Phala Phala scandal. Picture: Kamogelo Moichela/IOL
The African National Congress (ANC) said that it will not allow President Cyril Ramaphosa to be the target of an impeachment investigation for the 2020 events that occurred on his Phala Phala’s farm gate over a wishful idea by other political parties.
Additionally, the ANC strongly disputed claims made in court that its Members of Parliament would lose their jobs if they did not reject the independent panel report that was presented to the National Assembly in 2022.
The panel, chaired by former Chief Justice Sandile Ngcobo, concluded that there was sufficient evidence to support Ramaphosa being the subject of such an impeachment investigation.
About $580,000 was found stashed in a sofa at the president’s farmhouse. But Parliament refused to pursue Ramaphosa over the Phala Phala matter.
In a bid to challenge Parliament’s decision, the Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM), led by Vuyo Zungula, battled it out in the Constitutional Court on Tuesday.
The parties filed an application against the ANC, Speaker, and Parliament. This is because they supported the House’s position.
The application was also asking the ConCourt to set aside the National Assembly’s decision on the independent panel report.
The apex court and the ANC questioned the EFF’s delay in filing this case and also queried why it wanted the court to overturn Parliament’s decision.
The EFF contended in its defence that the public interest and the case's merits should supersede the delay.
However, Ramaphosa argued that the party's choice to bring the case 14 months after the incident was a calculated political move meant to influence the next elections.
According to advocate Tembeka Ngcukaitobi, who argued for the ANC in court, the choice to hold an impeachment investigation against a president needed to be carefully thought out.
He said MPs would need to be comfortable that the source of information presented before them was reliable and credible.
“We also need to make sure the [independent] panel has acted lawfully and constitutionally,” he added.
Ngcukaitobi also dismissed claims that ANC MPs would lose their seats if they did not vote for Ramaphosa.
EFF leader Julius Malema told his members outside the court they would win the court case because their arguments were solid.
The ConCourt has reserved judgment.
kamogelo.moichela@iol.co.za
IOL Politics
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