CAPE TOWN - President Cyril Ramaphosa has been fighting to have the Section 89 Panel report reviewed and set aside.
In May, he launched a formal application in the Western Cape High Court to review the Phala Phala Independent Panel Report.
READ: Ramaphosa back in court to challenge Phala Phala panel report
While not disputing the work of the Impeachment Committee, Ramaphosa argues that the reasons put forward in the report are flawed.
The Western Cape High Court granted his request to temporarily halt the Impeachment Committee hearings.
Ramaphosa says the grounds for the review are that:
- The Panel misconceived its mandate.
- The Panel misjudged the information placed before it.
- The Panel misinterpreted the four charges against him.
- The Panel made their findings on hearsay evidence.
- The Panel has failed to test the information placed before it.
Members of Parliament have accused the President of attempting to derail the work of the Impeachment Committee.
READ: Gana says Impeachment Committee preparatory work to continue
The Economic Freedom Fighters (EFF) and Africa Transformation Movement (ATM) attempted to appeal the judgment by applying for direct access to the Constitutional Court.
The apex court, however, denied the application.
READ: Ramaphosa calls for validity of Phala Phala report be tested
Despite the court action, Committee Chairperson Makashule Gana says preparatory work continues.
The Committee’s legal teams have been consulted and have worked to finalise its terms of reference.
READ: Ramaphosa granted interdict to halt Phala Phala impeachment proceedings
According to analyst Zwelethu Jolobe, should the court find that there is no sound legal foundation for the report, it could have implications for the Committee’s work.
CASAC’s Lawson Naidoo says that, despite this, the National Assembly could still continue, as it has the power to do so.
However, he says the process would have to start over.