South Africa once against finds itself in a divisive situation. This is in relation to President Cyril Ramaphosa’s victory in the Western Cape High Court on Friday, that had ruled that he would be granted interim relief to stall public hearings in his impeachment proceedings for a limited period of time that is until the same court has decided on the validity of the parliamentary report that has sparked the inquiry.
The WC High Court agreed with the president that he would suffer reputational harm that would not be retracted, if he is unfairly subjected to impeachment proceedings. President Ramaphosa was granted an interim relief to stall public hearings in his impeachment proceedings for a limited period of time this is until the same court has decided on the validity of parliamentary report that has sparked the inquiry. The final judgement issued was that the pursuit of accountability through an unlawful process would be a cynical exercise.
The president is facing misconduct charges in connection with the storage and theft of American dollars on his farm, Phala Phala.
Judge Dianne Davis said that the country’s dark history should serve as a constant reminder of the importance of the rule of law as a bulwark of egregious violations of human rights. She added that the court should not weaken public confidence in its ability to protect. Davis disagreed with arguments before the court that should the impeachment report be found to be unlawful, the president will be vindicated.
The High Court is walking a contentious tight rope concerning the president and the country’s constitutional future. On the one hand the Court ruled that the president must be protected from reputational harm by parliament, if the legislature goes ahead with impeachment proceedings. At the heart of this is the position of Ramaphosa as President. The Court had ruled that parliament could not impeach the President as soon as possible but when they (the Court) had read the impeachment report. Despite the end result being the same in the President’s removal from office, the reason for the delay is to prevent any manipulation of impeachment hearing proceedings.
At least this is what the High Court has argued. For the ruling coalition, and for the African National Congress (ANC) the main goal is to prevent Deputy President Paul Mashatile from being elevated to the Presidency when Ramaphosa is impeached. Mashatile is not without his own dark reputation and ANC moderates and the Government of National Unity members do not want to see someone who has a background in organized crime and cartels ascend to the country’s highest office.
The impeachment Committee responded as follows:
Impeachment Committee chairperson Makashule Gana said the committee would study the full judgment before determining its next steps. “I note the decision of the Western Cape High Court to interdict the public hearings of the impeachment committee pending the review by President Ramaphosa that he has applied for,” Gana said. “We now await the full judgment, which we will study, and we’ll then be able to give further updates in terms of the work that the committee still has to do, because from what I heard is that it’s only the public hearings that have been interdicted.” The ANC welcomed the ruling, saying it affirmed Ramaphosa’s right to seek legal relief.
The Impeachment Committee has accepted the ruling by the WC High Court and halted their proceedings. Ramaphosa for his part may remain in office until the next ANC Conference in 2027. The President may then be compelled to resign or he may remain in the presidential office till the end of his term. The reasoning behind delaying Ramaphosa’s exit is to find a suitable successor who is not burdened by corruption or fraud allegations and who can steer the party and the country in the right direction. Ramaphosa for his part may move to prepare a suitable legal defence against his removal from power. However it must be noted that the ruling that moving ahead with impeachment proceedings would damage President Ramaphosa’s reputation sets a precedent that could damage parliament’s authority.
As the next ANC Conference in Sandton, Johannesburg approaches, Ramaphosa must decide how his future will play out.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
