'Court challenge does not affect Parliament'- DA on Phala Phala report

JOHANNESBURG - The Democratic Alliance (DA) says President Cyril Ramaphosa’s court challenge to the Phala Phala Independent Panel report does not affect parliamentary processes. 

Ramaphosa has filed papers in the Western Cape High Court to review and set aside the panel’s findings. 

READ | Ramaphosa lodges application to challenge Phala Phala report

Impeachment committee member and DA MP Glynnis Breytenbach said while Ramaphosa is entitled to his view and to express it in accordance with the legal advice that he's obtained, this will not derail the work of the committee.

"Taking the matter on review has no impact on the impeachment process.  It must run its course."

In the 63-page application lodged on Tuesday, Ramaphosa asked the court to review and set aside the report, particularly its recommendation in paragraph 264.

In late 2022, an independent panel appointed by the National Assembly – led by former Chief Justice Sandile Ngcobo concluded in paragraph 264 that the information presented disclosed prima facie evidence that Ramaphosa may have: committed a serious violation of the Constitution and exposed himself to a conflict of interest between his official duties and private business.

However, in the court papers, Ramaphosa argues the independent panel misunderstood its mandate in at least four respects and misconstrued what it was supposed to conduct. 

READ | 'Ramaphosa's bid may be aimed at stalling impeachment'- Legal expert

Breytenbach said if Ramaphosa wants to stop the impeachment process from happening, he must get an interdict but must consider what that would mean.

"If the President is going to court to interdict Parliament from doing its job ascribed to it by the Constitutional Court, that's something that he would need to consider. 

"Does he want to be that person? But secondly, he must get the interdict. If he's able to get it, we'll deal with that when it happens. But until then, the process must continue.

Parliament has already announced the 31 names of the members who will serve on the committee. 

The committee will play a critical role in impeachment-related proceedings in Parliament, with parties expected to battle over both process and political accountability.

READ | Phala Phala scandal | These are the MPs serving on the impeachment committee

Breytenbach said the ball must get going, as there is a whole plethora of administrative issues that need to be dealt with.

This, she said, includes determining the procedure of the committee, electing a chairperson as well as establishing the terms of reference

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