Parliament’s Impeachment Committee has warned that President Cyril Ramaphosa’s attempt to halt the Section 89 inquiry could postpone the process for several years.
In papers filed in opposition to the president’s urgent interdict application, committee chairperson Makashule Gana argued that Ramaphosa has failed to clearly state what actions he wants the committee to be prevented from taking.
The committee lodged its opposing papers on Monday, shortly after National Assembly Speaker Thoko Didiza explained why she would not oppose the president’s court bid, a decision that drew criticism from several political parties.
Two weeks ago, Ramaphosa approached the Western Cape High Court seeking an order to stop Didiza and Gana from proceeding with the impeachment inquiry until his review application regarding the Independent Panel report has been finalised.
According to the president’s court papers, a case management meeting was held on 4 June 2026 to determine timelines for the review application. Ramaphosa wants the impeachment proceedings paused until the review is heard in September.
The committee met last week and resolved to challenge the president’s interdict application.
In his affidavit, Gana said that if the president’s application has the effect of suspending the committee’s work, the inquiry could be delayed for years because court processes are often lengthy.
“If that is what is intended by the interdict, it will fly in the face of the duty of organs of state to fulfil constitutional obligations without delay as required by section 237 of the Constitution,” Gana said.
He also argued that there is uncertainty surrounding the relief sought by the president and exactly what activities the committee would be prohibited from carrying out.
“There is also some confusion in the relief itself and what the committee is interdicted from doing and what, in the course of the subsistence of the interdict, it is legally permitted to do,” Gana said.
He questioned whether the president intended for the committee to continue with preparatory work and meetings while being barred from hearing witnesses, or whether it could collect evidence but not hear oral testimony.
Gana said this lack of clarity shows that the objective of the interdict remains uncertain.
“The committee’s understanding of its work is that the work includes everything it does as a committee, including preparatory work, holding of meetings and gathering evidence. Any suggestion that the committee has not commenced with its work is not entirely correct,” he said.
Gana further criticised Ramaphosa’s review application, describing it as an exercise with little practical effect.
“The president’s review application attacks a report that has already been referred to the Committee by an order of the Constitutional Court. In my view, the outcome of the review will merely be academic because it will not alter order 7 of the Constitutional Court judgment,” he said.
He stressed that the committee is constitutionally obliged to implement the Constitutional Court’s ruling without unnecessary delays.
“Having regard to the foregoing, it is evident that there is no right, whether prima facie or otherwise, worthy of protection as postulated by the president,” Gana said.
He added that the committee is still considering the procedures it will use to conduct its work, including the manner in which evidence will be gathered, but said the process would be fair, transparent and open to public scrutiny.
Gana also dismissed the president’s claims of potential irreparable harm should the inquiry proceed.
“The irreparable harm the president alludes to is perceived, especially when one takes into account that the Committee is enjoined to be independent and impartial and must observe the principles of natural justice,” he said.
He added that Ramaphosa’s fears of being defamed by witnesses ignore the chairperson’s responsibility to safeguard the integrity of the proceedings and prevent unwarranted attacks, while also ensuring that the president has an opportunity to challenge the evidence and present his version of events.
In a statement issued by Parliament, Gana confirmed that the committee would continue with its work and would meet on Wednesday, 24 June 2026, to consider its draft terms of reference and the process for appointing evidence leaders.
The Western Cape High Court is scheduled to hear the interdict application on 15 and 16 July 2026.