THE issue of the operation of the Parliamentary committee that is running the plan to remove President Cyril Ramaphosa from office is RETURNING to the Constitutional Court.
ATM has filed an urgent application where it wants the Constitutional Court to overturn the decision of the Western Cape High Court, which stops the operation of the committee.
On Friday, the Western Cape High Court issued a restraining order preventing the committee from working until it issues a decision on Ramaphosa’s request to quash the report of the Parliamentary team tasked to investigate the theft of US dollar quacks from his farm, Phala Phala.
The leader of ATM in Parliament, Mr. Vuyo Zungula, has filed an urgent application at the Constitutional Court where he complained that Friday’s decision will disrupt the functioning of Parliament if it is not challenged.
This is the second time that the Constitutional Court has been asked to decide on the Phala Phala issue.
In May, this court overruled the decision of Parliament to refuse to accept the report of the team that was assigned to investigate the theft of money in Phala Phala.
The decision in May forced the Parliament to establish a committee to carry out the process of removing Ramaphosa from office.
Zungula complained that Friday’s decision contradicted the May decision.
In court papers, Zungula said Friday’s decision had caused confusion.
“The Constitutional Court should clarify for us whether the court under it is able to issue a decision suspending the operation of the order of the Constitutional Court? If it is not clarified properly, this matter will cause a lot of confusion regarding the relationship between the courts and the Parliament and respect for the law.”
Zungula said that the reason why they want the intervention of the Constitutional Court is that the three Western Cape High Court judges who heard Ramaphosa’s request are divided on the issue.
One judge said that the committee should continue its work while two agreed that the committee’s work should be suspended.
Zungula said that the committee running the plan to remove Ramaphosa from office should do its job and then the Phala Phala issue will come to an end.
“Friday’s decision does not mean that Ramaphosa is innocent. That is why this matter must be heard so that we can reach a conclusion.”
Zungula wants his request to be heard next month.
The committee running the process to remove Ramaphosa from office is expected to meet this week where they will finalize the process of appointing a witness.