Mpofu Says Ramaphosa Cannot Stop Phala Phala Process Over Political Embarrassment
President Cyril Ramaphosa’s fight to stop the Phala Phala impeachment process has run into a sharp legal argument that his personal discomfort cannot be placed above the country’s need for accountability.
In the Western Cape High Court, Advocate Dali Mpofu argued that the impeachment process must continue unless the independent panel report is set aside on review.
Mpofu told the court that the Constitutional Court had already made it clear that where a panel finds sufficient evidence of a prima facie case, its recommendation that a Section 89 enquiry proceed must be implemented through referral to an impeachment committee, unless and until the report is set aside.
He argued that Ramaphosa’s application for interim relief would effectively disturb that position, even if only temporarily.
According to Mpofu, the High Court cannot “second-guess, undermine, vary, amend or alter” a judgment of the Constitutional Court.
He also pushed back against the argument that Ramaphosa could suffer reputational harm if the impeachment process proceeds. Mpofu submitted that personal embarrassment or political pressure could not outweigh the national interest in accountability.
He compared the matter to previous cases involving accountability processes, arguing that courts have been reluctant to interdict such processes where the public interest is at stake.
Mpofu said the impeachment process is political by design, because the Constitution gives Parliament the responsibility to decide whether a president should be removed from office.
He argued that the independent panel serves as a safeguard, or filtering mechanism, to ensure that not every political complaint against a president reaches the impeachment stage.
Once that panel finds a prima facie case, Mpofu said, the process must move forward unless the report is later overturned.
The court also heard that Ramaphosa still has the right to review the report, but Mpofu argued that this does not mean the President is entitled to stop the impeachment process before the review is finalised.
The matter continues as the court weighs Ramaphosa’s bid for interim relief against Parliament’s constitutional role and the wider public interest in accountability.
