President Cyril Ramaphosa has asked the Western Cape High Court to halt a parliamentary impeachment inquiry linked to the Phala Phala scandal [1].

The legal challenge targets the Section 89 [1] process, which is the constitutional mechanism used to investigate presidential misconduct. A successful bid would pause the legislative attempt to remove the president from office, delaying the resolution of allegations regarding the Phala Phala incident.

Judge André le Grange presided over the proceedings in the Western Cape High Court. The judge said that the court had reserved judgment and expected to deliver a ruling by the end of this week [1].

Opponents of the president have criticized the move as a tactic to delay justice. Vuyo Zungula, a spokesperson for the African Transformation Movement (ATM), said Ramaphosa's court bid seeks to avoid accountability [3]. The ATM has been a vocal proponent of the impeachment process, arguing that the executive must be held to the same legal standards as other citizens.

Legal representatives for the ATM described the atmosphere of the proceedings as surreal. Anton Katz SC, the Attorney General of the ATM, said the cameras made him feel like he was in a film [2].

The Phala Phala scandal involves allegations of undisclosed foreign currency found at the president's home. The Section 89 [1] inquiry was established by Parliament to determine if the president's actions constituted a serious violation of the law, or the constitution. The court's upcoming decision will determine whether the inquiry can proceed or if the president's application for a stay is granted [1].

“Ramaphosa's court bid seeks to avoid accountability.”

This legal maneuver represents a critical junction in South Africa's constitutional oversight. By moving the battle from the parliamentary sphere to the judiciary, the presidency is testing the legal limits of impeachment procedures. A ruling in favor of the president would not only delay the inquiry but could potentially set a precedent for how future executive misconduct is handled under Section 89.