IN THE SPOTLIGHT: PARLIAMENT’s IMPEACHMENT COMMITTEE SECTION 89 ENQUIRY

In view of recent developments affecting the work of Parliament’s Impeachment Committee, SA Legal Academy provides a summary of events leading to the committee’s formation – along with key documents informing and emerging from the process to date. This is noting that:

  • sub-section 89(1) of the Constitution empowers the National Assembly to remove a President from office in specific circumstances, and that
  • a February 2020 burglary at President Cyril Ramaphosa’s private farm, Phala Phala, along with subsequent developments prompted:
    • African Transformation Movement president Vuyolwethu Zungula to submit a notice of motion to former National Assembly Speaker Nosiviwe Mapisa Nqakula in July 2022, calling for an investigation into the matter, and
    • the Speaker to appoint an independent panel in September 2022 to conduct a preliminary enquiry.

The ensuing process unfolded as follows:

  • in December 2022, the National Assembly voted against adopting the panel report, blocking its referral to an impeachment committee
  • the Economic Freedom Fighters and the African Transformation Movement challenged the consitutionality of that vote and its outcome
  • in May 2026:
    • the Constitutional Court handed down a ruling setting aside that vote
    • in keeping with the ruling, the National Assembly established an Impeachment Committee, and
    • President Cyril Ramaphosa approached the Western Cape High Court to review and dismiss the panel’s 2022 report.

The Western Cape High Court review of the panel report was set down for 2 to 4 September 2026.

In June 2026, President Cyril Ramaphosa approached the Western Cape High Court for a temporary interdict preventing Parliament’s Impeachment Committee from conducting hearings on the 2022 panel report pending the outcome of the September 2026 review process. The application having been considered on 15 and 16 July 2026, a temporary interdict was granted on 24 July 2026.

On 28 July 2026, Impeachment Committee members received a summary of the 24 July 2026 ruling from Parliament’s Constitutional & Legal Services Office.

On 29 July 2026, the Impeachment Committee issued a media statement announcing its intention to appeal the ruling.

At the time of writing, there had been no further official parliamentary pronouncements on the matter. However, according to a  31 July 2026 IOL report, parties wishing to appeal the Westren Cape High Court ruling have until 5 August 2026 to file papers.

For access to documents providing more detailed information, please click the links below:

Published by SA Legal Academy Policy Watch

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