High Court to hear ATM’s Phala Phala arguments
The Western Cape High Court will in February hear arguments from the ATM challenging the National Assembly’s handling of the Section 89 panel report that considered impeachment allegations against President Cyril Ramaphosa.
EWN reports that the court has set down 13 and 14 February to hear the ATM’s case, when it will argue the voting procedure used at the final parliamentary sitting of the year in December, which rejected the report, to have been irrational.
In a second matter, the ATM is also challenging the outcome of that vote in light of the panel’s recommendations that Ramphosa may have a case to answer in connection with the robbery at his Limpopo farm, Phala Phala.
The ATM originally tabled the motion that led to an investigation by an independent panel into misconduct allegations involving the theft of foreign currency from Ramaphosa’s farm.
The party approached the High Court on an urgent basis to review and set aside Speaker Nosiviwe Mapisa-Nqakula’s decision not to grant a secret ballot when the Section 89 report was voted on in December 2022.
Five ANC MPs broke ranks and voted in favour of the report being adopted, along with the major opposition parties.
The High Court has directed that the ATM’s second matter where it challenges the National Assembly’s decision not to proceed with an impeachment inquiry, be consolidated with the first case and be heard simultaneously.
The matter will be heard by a full Bench, just days after Ramaphosa delivers his State of the Nation Address.
In a separate matter, the EFF are also challenging the Section 89 panel report vote – and have approached the Constitutional Court directly.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
