Section 89 Committee Appeals to Constitutional Court Over Ramaphosa Inquiry

The Section 89 Committee filed an application for direct access to the Constitutional Court on August 5, 2026, seeking to overturn a Western Cape High Court ruling. The High Court had granted an interim interdict that halted public impeachment hearings against President Cyril Ramaphosa concerning the 2020 theft of foreign currency from his Phala Phala farm in Limpopo.

While pursuing the legal appeal, the committee continued internal work to establish the inquiry's framework. Members agreed to request Ramaphosa's testimony but determined he would not be the first witness, as the committee intends to establish a factual basis for the charges first. Legal advisors from Parliamentary Legal Services confirmed that while the committee should first invite a voluntary appearance, it possesses the constitutional and statutory authority to formally summon the president if he refuses.

To lead the evidence process, the committee recommended Advocate Thandazani Madonsela, following a divided vote in which ANC members abstained. The committee also debated the standard of proof, with legal services recommending "cogent, reliable and persuasive evidence" rather than criminal or civil benchmarks. During these deliberations, Economic Freedom Fighters leader Julius Malema criticized the proceedings, arguing that as politicians in a political institution, the committee should not be operating like judges in a criminal or civil matter.