The African Transformation Movement (ATM) has announced its intention to urgently lodge an application with the Constitutional Court to challenge a Western Cape High Court ruling that halted the parliamentary impeachment inquiry into President Cyril Ramaphosa. The move follows an interim judgment delivered on Friday, 24 July 2026, which granted the President an interdict to pause the Section 89 proceedings pending the finalisation of his separate review application concerning an independent panel report.
Legal Implications For Parliamentary Accountability
The ATM contends that the High Court’s decision creates significant constitutional uncertainty by allowing a lower court to effectively stay an order previously issued by the Constitutional Court. In May 2026, the apex court ruled that the National Assembly’s initial decision to reject the independent panel report was irrational, effectively mandating that Parliament proceed with the accountability process.
“It is unprecedented, you know, it places Parliament and our democratic institutions at a very, very difficult position because what it effectively means is each and every president that is held accountable via the Section 89 process can easily go to court and want to stop Parliament from doing what Parliament constitutionally is obligated to do,” said Vuyolwethu Zungula, ATM Parliamentary Leader.
Contested Judicial Grounds
The parliamentary inquiry originates from the persistent legal and political fallout surrounding the theft of foreign currency from the President’s Phala Phala farm. An independent panel previously determined that the President may have a case to answer, a finding the President is currently seeking to have reviewed and set aside in court.
“Importantly, the decision was not unanimous. A dissenting judgment found that the President had failed to establish a proper case for interim relief, illustrating that the constitutional issues involved remain contested and require authoritative determination by the Apex Court,” noted Zama Ntshona, National Spokesperson for the ATM.
The Constitutional Court is expected to review the application to determine whether the High Court correctly navigated the separation of powers in granting the interim interdict.