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Speaker of the National Assembly Thoko Didiza has resolved to file a notice to abide, accompanied by an explanatory affidavit, in President Cyril Ramaphosa’s urgent court application to halt the work of parliament’s impeachment committee.This is the latest development in the saga after the Constitutional Court ruled in May that parliament must reopen impeachment proceedings over Ramaphosa’s handling of the theft of cash from his Phala Phala game farm. Parliament said on Sunday the affidavit would assist the Western Cape High Court in considering issues relevant to its determination of the matter, including the National Assembly’s constitutional obligation to proceed with and finalise section 89 impeachment proceedings.According to parliament, the affidavit is consistent with the position adopted by the impeachment committee and with actions taken by Didiza after the Constitutional Court judgment that led to the establishment of the committee.Ramaphosa filed an urgent application seeking an interdict to suspend the work of the impeachment committee pending the outcome of a review application before the Western Cape High Court.Parliament said Ramaphosa’s legal team had previously approached the speaker’s office requesting that the commencement of the committee’s work be delayed until the review proceedings had been finalised.The request was rejected on the grounds that suspending the process would be contrary to the Constitutional Court’s order and because, under national assembly rules, the matter falls within the authority of the impeachment committee and should not be interfered with.The impeachment committee, chaired by Rise Mzansi MP Makashule Gana, subsequently met to consider its response to the president’s application and resolved to oppose the interdict. It also requested the speaker’s support for its position.Parliament said political parties had separately approached Didiza with their views on the matter.After considering the various submissions, she had decided to file a notice to abide together with an explanatory affidavit to complement the committee’s opposition papers.Parliament said the affidavit would explain the steps taken by the National Assembly to comply with the constitutional court judgment and clarify the respective roles of the National Assembly and the impeachment committee.Didiza maintains that the approach adopted is necessary and consistent with the constitutional and procedural responsibilities of both institutions.The impeachment committee was established to conduct proceedings in terms of section 89 of the constitution, which provides for the removal of a president from office on grounds of a serious violation of the constitution or the law, serious misconduct or inability to perform the functions of office.
