Malema warns Ramaphosa ruling could affect future impeachments
· The South African
EFF leader Julius Malema has warned the Constitutional Court that a High Court ruling which halted Parliament’s impeachment process against President Cyril Ramaphosa could affect future accountability cases.
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In his affidavit, Malema argues that allowing the interim order to stand could create a precedent. He says future presidents and other public office-bearers could use review applications to delay impeachment proceedings.
The EFF wants the Constitutional Court to overturn the Western Cape High Court’s order. The ruling stopped Parliament’s Section 89 committee from holding public hearings while Ramaphosa challenges the process.
Parliament’s powers
Malema says the case extends beyond Ramaphosa.
He argues that Parliament should not lose its oversight powers simply because a review application has been filed. He says the Constitutional Court must decide whether Parliament may continue with the impeachment process while the review remains before the courts.
Panel report still stands
Malema also argues that the independent panel’s report remains valid.
He says no court has reviewed or set it aside. Parliament should therefore continue with the Section 89 process.
The affidavit adds that stopping Parliament from acting before the review is finalised disrupts the constitutional balance between the judiciary and the legislature.
What happens next?
The EFF has asked the Constitutional Court for direct leave to appeal. It also wants the matter heard urgently.
If the court grants the application, it will decide whether Parliament’s impeachment committee may resume its work before Ramaphosa’s review application is finalised.