The ATM has filed an urgent application seeking direct access to the Constitutional Court after the Western Cape High Court granted Ramaphosa an interim interdict stopping Parliament from proceeding with public hearings linked to the impeachment process.

The ATM, which initiated the Section 89 process in Parliament, is a respondent in the matter. The party says the High Court ruling has created constitutional uncertainty over Parliament’s responsibilities, the authority of the Constitutional Court and the future of the impeachment process.

ATM Spokesperson Zama Ntshona said the party wants clarity on the implementation and effect of the Western Cape High Court order granted on Friday. “We have taken this decision because the recent judgment of the Western Cape High Court has created significant constitutional uncertainty,” Ntshona said.

Ntshona said the court order prevents Parliament from continuing with public hearings, but stressed that the ruling was not unanimous. “While the Court granted Ramaphosa an interim interdict, preventing Parliament from proceeding with the public hearings, the judgment was not unanimous,” Ntshona said.

Ntshona said the dissenting judgment raised important constitutional questions about whether Ramaphosa had met the legal requirements for interim relief.

“A dissenting judgment found that Ramaphosa had failed to establish a case for interim relief, underscoring the complexity and the importance of constitutional questions that are at stake,” Ntshona said.

The Section 89 process is used by Parliament to determine whether a sitting President has a case to answer for possible removal from office. The ATM argues that the process should continue unless a final and binding ruling determines otherwise.

The party says the matter goes beyond a dispute between political actors and affects the constitutional separation of powers between the judiciary, Parliament and the executive.

–ChannelAfrica–