CAPE TOWN - Parliament’s Impeachment Committee for the Section 89 enquiry has been advised to oppose President Cyril Ramaphosa’s urgent interdict application to halt its proceedings.
It has also been advised to continue its work to review the Phala Phala report.
Ramaphosa has filed an urgent application in the Western Cape High Court to stop the committee’s work until the report of the Section 89 Independent Panel is reviewed. He argues the panel exceeded its mandate and that its findings are based on hearsay rather than fact.
However, legal expert Advocate William Rasenga Mokhare SC says the court must understand that this is precisely what the committee is mandated to consider.
Mokhare said the committee has two viable options in responding to the interdict application -- to oppose it or to file an explanatory affidavit -- but that the former would be more appropriate.
"We are of the view that the first option is the more appropriate and preferable one, because you will be able to assert what you understand to be your duties and obligations arising from the Constitutional Court judgment," Mokhare said.
However, he cautioned that it would not be appropriate at this stage for the committee to express a view on the merits of the impeachment process.
"You, at this stage, have not formulated a view on the merits and demerits of the impeachment itself. You have not had an opportunity to assess the evidence or call for evidence. So, you should still exercise that independence, which will enable you in the process to gather the evidence freely without any interference."
A notice to abide or oppose the application must be filed by 19 June 2026. Any respondent wishing to oppose Ramaphosa’s application must file answering papers by 22 June 2026.
The interdict application will be heard in the Western Cape High Court on 15 and 16 July.