The Constitutional Court has rejected an attempt by African Transformation Movement (ATM) leader Vuyolwethu Zungula and the party to take their legal battle involving President Cyril Ramaphosa directly to the country’s highest court.
The apex court also refused an application by the Umkhonto Wesizwe Party (MK Party) and United Africans Transformation to file replying affidavits in the matter.
The judgment was handed down by a full Bench comprising Chief Justice Maya and seven other judges.
The court found that it would not be in the interests of justice to hear the matter at this stage because a review application is already pending in the Western Cape Division of the High Court.
According to the order, the outcome of that High Court review could render the interim interdict at the centre of the Constitutional Court application moot.
“Leave to appeal directly to this Court is refused,” the court ordered.
The court also rejected the application for permission to file a replying affidavit.
The dispute involves Zungula and the ATM, with Ramaphosa, the Speaker of the National Assembly and the chairperson of the impeachment committee cited as respondents.
The Economic Freedom Fighters (EFF), MK Party and United Africans Transformation are also cited as parties in the proceedings.
The Constitutional Court stressed that it had considered the application for direct leave to appeal and the request to file a replying affidavit before reaching its decision.
The order does not determine the merits of the underlying dispute between the parties.
Instead, the apex court held that it was premature to intervene while the Western Cape High Court is still seized with the review application.
The decision means the applicants cannot bypass the pending High Court process and have the matter heard directly by the Constitutional Court at this stage.
The court also decided against awarding costs, meaning no costs order was made against any of the parties.
The matter will therefore remain subject to the pending proceedings in the Western Cape Division of the High Court, whose eventual outcome could determine whether further legal action is necessary.