JUDICIAL REVIEW: Phala Phala impeachment could return to Parliament even if court quashes report
Setting aside the Section 89 report into the Phala Phala saga would not automatically end impeachment proceedings against President Cyril Ramaphosa, the Western Cape High Court heard on Wednesday.
The Western Cape High Court heard on Wednesday about the potential impact of quashing the Section 89 report into the Phala Phala saga on impeachment proceedings against President Cyril Ramaphosa. Advocate Wim Trengove argued that the report had failed to make a "qualitative assessment" of the evidence and had not asked the right question: whether the President acted wilfully and in bad faith.
Trengove maintained that Ramaphosa had acted in good faith even if he had made mistakes. The impeachment committee, which includes Ramaphosa's adversaries, is seen as equivalent to a political trial without an independent judge. If the matter returns to Parliament, the Government of National Unity, led by the ANC, could vote down any further proceedings.
The court emphasized the need for stability in the presidency, and Judge Diane Davis highlighted that impeachment proceedings could have a destabilizing effect on the country. The court further pointed out that the only charges the parliamentary impeachment committee could consider are those outlined in the Section 89 report, including Ramaphosa's involvement in paid work outside his role, failing to report the theft of dollars, and becoming involved in conflicts of interest.
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