Western Cape High Court Sets Two-Day Hearing For Ramaphosa’s Section 89 Impeachment Challenge

The Western Cape High Court will hear President Cyril Ramaphosa’s urgent application to suspend Parliament’s Section 89 impeachment proceedings on 15 and 16 July 2026, following his request to halt the process while he seeks a judicial review of the Independent Panel report into the Phala Phala matter. The Section 89 Impeachment Committee, chaired by Makashule Gana, is opposing Ramaphosa’s application, while National Assembly Speaker Thoko Didiza has said she will abide by the court’s ruling.

Legal Arguments And Stakeholder Positions

President Ramaphosa’s application aims to suspend the ongoing impeachment inquiry pending the court’s consideration of the Independent Panel’s findings, which in 2022 found prima facie evidence of a constitutional violation related to the Phala Phala farm incident. The Section 89 Committee, mandated to continue its work by a Constitutional Court ruling that invalidated Parliament’s earlier process, insists the impeachment process must proceed according to law.

Committee chairperson Makashule Gana stated, “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.” He filed an affidavit in the High Court on 22 June 2026, formalising the opposition. Speaker Didiza, exercising her constitutional role, has opted to follow the court’s determination, saying parliamentary rules prevent her from intervening in committee matters.

Timeline And Political Context

President Ramaphosa officially filed papers on 26 May 2026 in the Western Cape High Court, seeking to set aside the Section 89 panel’s report. The impeachment inquiry stems from a 2022 finding by a panel led by former Chief Justice Sandile Ngcobo, which identified potential constitutional breaches by the president regarding undeclared foreign currency at his Phala Phala farm. After Parliament initially blocked the impeachment, the Constitutional Court in 2025 found the decision procedurally flawed, compelling the current committee’s establishment.

Ramaphosa, speaking publicly on the dispute, remarked, “The Speaker has acted in the way that she believes she should act, and I respect that. And similarly, everybody should respect those who exercise their rights in terms of the Constitution and who follow the precepts of our Constitution.”

The High Court is expected to determine whether the Section 89 proceedings will be paused pending judicial review or allowed to continue as previously mandated by the Constitutional Court.

The hearing’s outcome will determine whether Parliament’s impeachment process against President Ramaphosa proceeds while legal challenges to the panel’s findings remain unresolved.

en_USEnglish