EFF asks ConCourt to overturn National Assembly decision on Ramaphosa impeachment

accreditation
EFF deputy leader Floyd Shivambu has argued that the party wants to hold President Cyril Ramaphosa to account.
EFF deputy leader Floyd Shivambu has argued that the party wants to hold President Cyril Ramaphosa to account.
Getty Images
  • The EFF wants the Constitutional Court to set aside the National Assembly's decision not to proceed with impeachment proceedings against President Cyril Ramaphosa.
  • The EFF wants the Section 89 process to start afresh.
  • The party also wants the apex court to allow it to oppose Ramaphosa's application to review the Section 89 panel's report.

The EFF is heading to the Constitutional Court to challenge the National Assembly's decision not to institute impeachment proceedings against President Cyril Ramaphosa.

The party will also ask the court to allow it to oppose Ramaphosa's application to review and set aside the report of the independent panel, which found that he had a prima facie case to answer.

In late November, the panel - which Parliament appointed - released the report, which contained a recommendation that the National Assembly should institute the impeachment proceedings Ramaphosa.

At first Ramaphosa considered resigning, but he decided to fight back and ask the Constitutional Court to review the report instead.

The pending court challenge, however, did not prevent the National Assembly from proceeding with a vote on whether or not impeachment proceedings should be instituted against Ramaphosa. With party discipline enforced, the ANC ensured that the vote went against impeachment.

READ | Ramaphosa slams Section 89 panel for relying on Fraser’s 'say-so' on Phala Phala accusations

In his application to the Constitutional Court, Ramaphosa accused the panel of relying on the "say-so" of former spy boss Arthur Fraser in determining the impeachment case against him. Ramaphosa insisted that he did nothing wrong in relation to a theft at his Limpopo game farm, Phala Phala.


The theft remained secret until Fraser laid charges in connection with it with the police, spawning a host of investigations, including the parliamentary Section 89 process.

As respondents, Ramaphosa only cited the three members of the panel, the former chief justice, Sandile Ngcobo; retired judge Thokozile Masipa; advocate Mahlape Sello, SC; Speaker Nosiviwe Mapisa-Nqakula and ATM leader Vuyolwethu Zungula, who brought the Section 89 motion.

But, in papers filed on 22 December, EFF deputy leader Floyd Shivambu argued that the party had a material interest because it was duty-bound to hold Ramaphosa to account, and that he still had many questions to answer on the Phala Phala saga.

In another application, which was filed this week, the EFF asked the apex court to review and set aside Mapisa-Nqakula's decision to have a vote on the report, to have it done by open ballot, and to declare it unconstitutional and invalid. They want the Section 89 process to start afresh.

Shivambu stated that he made the application with urgency and asked the court to hear it with Ramaphosa's application.

In December, the ATM also approached the Western Cape High Court in a bid to overturn the National Assembly's decision.


We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today. Thereafter you will be billed R75 per month. You can cancel anytime and if you cancel within 14 days you won't be billed. 
Subscribe to News24
Voting Booth
What are your thoughts on the possibility of having permanent Stage 2 or 3 load shedding?
Please select an option Oops! Something went wrong, please try again later.
Results
I'll take that over constant schedule changes
13% - 612 votes
Why are we normalising Eskom’s mess?
72% - 3364 votes
I've already found alternative ways of powering my home/business
15% - 697 votes
Vote
Rand - Dollar
17.20
-0.1%
Rand - Pound
21.30
+0.1%
Rand - Euro
18.70
-0.1%
Rand - Aus dollar
12.22
+0.0%
Rand - Yen
0.13
-0.0%
Platinum
1,012.08
0.0%
Palladium
1,618.86
0.0%
Gold
1,928.39
0.0%
Silver
23.60
0.0%
Brent Crude
86.66
-0.9%
Top 40
74,766
+0.4%
All Share
80,791
+0.4%
Resource 10
77,871
-0.4%
Industrial 25
103,872
+0.7%
Financial 15
16,281
+0.6%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE