The Western Cape High Court is set to hear President Cyril Ramaphosa's urgent application on Wednesday and Thursday to suspend Parliament's Section 89 impeachment proceedings pending the outcome of a judicial review.
Ramaphosa is seeking an interdict to halt the inquiry while he challenges the findings of the independent Section 89 panel, which concluded that there is a prima facie case for him to answer regarding the Phala Phala matter.
The impeachment committee was established following a Constitutional Court ruling directing Parliament to institute impeachment proceedings.
In his court application, Ramaphosa argues that the Section 89 committee should not continue its work while the legality of the independent panel's report is under review. The report found that the President may have violated his oath of office in connection with the Phala Phala scandal.
However, the parliamentary impeachment committee has opposed the application, maintaining that it is simply carrying out its constitutional obligations.
Committee chairperson Makashule Gana said the committee would oppose the President's urgent bid.
"As a committee, we're going to oppose the urgent interdict application by President Ramaphosa. As the second respondent in the application, I have to oppose this application," Gana said.
National Assembly Speaker Thoko Didiza has taken a different approach, informing the court that she will abide by its ruling rather than oppose the application.
Didiza said Parliament's rules prevent her from interfering in the work of the impeachment committee.
"There are two respondents in this matter – the chairperson of the committee and the Speaker of the National Assembly. The committee, under Chairperson Makashule Gana, has decided to oppose the application. The Speaker has reflected on their position but also recognises that Parliament's rules do not allow her to interfere in the committee's work. The Speaker has therefore filed to abide, and the court will provide clarity on the matter," she said.
Ramaphosa said the Speaker's decision reflects the constitutional principle of the separation of powers, stressing that each arm of government must function independently.
"The Speaker of Parliament has to do the work that she has to do, and she is independent. We do not seek to influence her. That is where the separation of powers comes into play. The state is made up of the executive, led by the President, Parliament, led by the Speaker, and the judiciary, led by the Chief Justice. These three arms of government must act independently, and we fully subscribe to that principle," the President said.
The High Court will now determine whether Parliament's impeachment inquiry should be suspended until the review application is decided or whether the proceedings may continue while the legal challenge is underway.