The Economic Freedom Fighters (EFF) has announced it will formally oppose President Cyril Ramaphosa’s application to place the Phala Phala report under legal review, calling the president’s move an “opportunistic and dishonest delay tactic.”
EFF national spokesperson Sinawo Thambo confirmed the party’s intention to join the legal proceedings and file an urgent opposition to the president’s review application.
“We expected this,” Thambo said. “What we are going to do now is we are going to join and oppose his review application on an urgent basis because of the things that we have outlined.”
Thambo further called on the Speaker of the National Assembly to also oppose Ramaphosa’s application, arguing that the president’s legal challenge undermines her constitutional authority as head of the legislature.
“We expect the Speaker of the Assembly as the custodian of the Section 89 independent panel and its report—because it’s established by her office—to oppose this judicial review by the president of the republic because it undermines her authority as a head of the legislature to exercise accountability over the executive,” Thambo said.
He noted that the Constitutional Court judgment handed down by Chief Justice Raymond Zondo specifically ordered that the Phala Phala Section 89 panel report must be referred to an impeachment committee “until it is set aside by a court.”
“Until it is set aside or reviewed conclusively, the impeachment process still needs to continue,” Thambo said. “We still need dates. We still need a chairperson. We still need witnesses.”
The EFF spokesperson also raised concerns about reports that the Speaker had met with the top seven leadership of the African National Congress and the president’s legal representatives, saying this “casts a lot of doubts” on whether she will proceed with the process with the necessary constitutional integrity.
Thambo said the EFF would write to the Speaker questioning whether she intends to defend her legislative authority to hold the executive accountable, adding that the party would explore other legal mechanisms to compel her if necessary.
“We have to take at face value what we’re dealing with right now. We can’t presume what the Speaker is going to do,” he said.