ATM to approach Constitutional Court for clarity on Section 89 impeachment process
The African Transformation Movement (ATM) has instructed its legal team to urgently approach the Constitutional Court for clarity on the implementation of its earlier order regarding the Section 89 impeachment process against President Cyril Ramaphosa.
The decision follows a recent Western Cape High Court judgment granting the President an interim interdict that prevents Parliament from proceeding with public hearings of the impeachment inquiry. ATM noted that the High Court ruling was not unanimous, with a dissenting judgment finding that the President had failed to establish a proper case for interim relief.
The party said the Constitutional Court had previously directed Parliament to proceed with the Section 89 process after the Independent Panel’s report was referred to the National Assembly’s Impeachment Committee. ATM argued that clarity is needed on whether a lower court may suspend the implementation of a Constitutional Court order, citing implications for the separation of powers and constitutional supremacy.
ATM stressed that its application is not an attack on the High Court or the judiciary, but a step to obtain legal certainty and allow Parliament to fulfil its constitutional obligations. The party reminded the public that the interdict is only interim and that the President has not been exonerated of the serious allegations arising from the Phala Phala matter, which remain unresolved.
ATM said it remains committed to constitutional accountability and will seek the Constitutional Court’s guidance so that Parliament can discharge its mandate without ambiguity.
