CAPE TOWN — The chairperson of the Phala Phala impeachment committee has formally opposed President Cyril Ramaphosa’s court bid to halt the ongoing parliamentary proceedings. Makashule Gana, who leads the committee, filed an answering affidavit challenging the president’s urgent application, setting the stage for a significant legal confrontation.
In his affidavit, Gana asserts that there is confusion regarding the specific relief sought by the president. He argues that if the court were to grant the requested interdict, it would constitute a direct breach of the constitutional doctrine of the separation of powers.
Concurrently, the Democratic Alliance has publicly questioned the legal standing of the impeachment committee. The opposition party argues that the committee lacks the independent legal authority, or locus standi, to incur legal expenses on its own behalf. Consequently, the Democratic Alliance maintains that the committee must rely on the National Assembly Speaker to defend both its processes and its decisions. This stance reflects arguments previously raised by the party’s advocate, Glynnis Breytenbach, during a committee meeting last week.
The dispute places National Assembly Speaker Thoko Didiza in a pivotal position. Didiza, who also serves as the chairperson of the rules committee, has already filed a notice to abide by the court’s ruling and plans to submit an explanatory affidavit. This document aims to assist the judiciary in determining Parliament’s role in the impending legal battle.
Furthermore, the Democratic Alliance is scrutinizing Didiza’s recent position within the rules committee regarding a subcommittee resolution that adopted “fit and proper” requirements for members of the National Assembly. The party argues that this stance is being carefully considered given that the resolution was adopted in a subcommittee where most rules committee members sit.
The urgent court proceedings are scheduled to take place on July 15 and 16. During this hearing, the president seeks a temporary suspension of the impeachment process. This urgent application is pending the outcome of a comprehensive review application—referred to in the proceedings as a Part B application—which is slated to be heard in September.
