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Parliament’s Section 89 Impeachment Committee has resolved to oppose President Cyril Ramaphosa’s urgent legal application to stop the impeachment process against him. Ramaphosa is seeking to halt the enquiry arising from the 2020 burglary at his Phala Phala farm in Limpopo, where foreign currency was stolen from a couch inside the president’s private residence.

The decision places Parliament and the president on parallel legal tracks. Parliament continues with the procedural preparation of the impeachment inquiry. The president, meanwhile, has asked the courts to suspend that process while he challenges the legality of the underlying parliamentary panel report that triggered it.

The impeachment process originates from allegations relating to how the president handled the burglary and the foreign currency kept on his farm. The core factual dispute concerns a large cash payment linked to a buffalo transaction, reportedly received in foreign currency, stored at the farm, and later stolen in 2020. Questions arising from that incident include whether the matter was properly reported to law enforcement, how the money was stored, and whether state resources were used in the aftermath in a manner consistent with the Constitution.

An independent parliamentary panel chaired by retired Chief Justice Sandile Ngcobo previously assessed the available information and concluded that there was sufficient evidence for Parliament to begin a formal impeachment inquiry. That finding did not determine guilt. It established that the threshold had been met for Parliament to test the matter through its constitutional impeachment process.

In December 2022, the National Assembly voted against proceeding with the inquiry, effectively terminating the process before any parliamentary hearings took place. In May 2026, the Constitutional Court ruled that decision unlawful and ordered that the Ngcobo panel report be referred to a newly constituted Section 89 Impeachment Committee for consideration.

That ruling reactivated the impeachment mechanism and placed Parliament under a binding constitutional obligation to proceed.

How Parliament is now building the inquiry

The impeachment committee is currently establishing the legal and administrative structure of the inquiry before any witnesses are called or evidence is examined.

The first step is the finalisation of the committee’s terms of reference. This document defines the scope of the inquiry and sets out the legal framework under which it will operate. It confirms that the committee proceeds from the Constitutional Court’s referral of the Ngcobo panel report and establishes the parameters of what the committee is mandated to consider under Section 89 of the Constitution (Section 89 deals with the presidential impeachment process).

The terms of reference will determine what falls within the inquiry’s jurisdiction, how the panel report will be treated, and how the committee will structure its investigative work.

The second step is the appointment of evidence leaders. These are senior legal practitioners appointed to assist the committee in managing the inquiry. They do not sit as decision-makers but play a central procedural role. They guide how evidence is introduced, structure the order in which witnesses are heard, identify legal issues arising from testimony, and ensure that the process remains coherent and properly recorded.

Evidence leaders also assist in ensuring that the inquiry develops a complete evidentiary record. That record becomes essential when the committee later deliberates on whether to recommend impeachment to Parliament.

The third step is the adoption of procedural rules for the inquiry. These rules regulate how the hearings will function in practice. They set out how witnesses are summoned, how evidence is submitted and exchanged, how documents are verified, and how written representations are handled.

They also define participation rights. This includes the rights of the president, the Speaker of the National Assembly, and other parties formally cited in the proceedings. These rules determine how each party may respond to allegations, submit evidence, and engage with the inquiry process.

Together, these three steps establish the institutional framework for the inquiry: mandate definition, legal structure, and procedural regulation. Once completed, Parliament will be positioned to begin hearings.

The committee is expected to meet on Wednesday to advance this preparatory phase, including finalising procedural arrangements and progressing toward the appointment of evidence leaders.

The Evidentiary Phase That Follows

Once the preparatory phase is complete, the committee will enter the evidentiary stage of the impeachment inquiry.

This is the first phase in which Parliament engages directly with factual material in a structured hearing environment. The committee will be able to summon witnesses, request documents, and receive oral and written evidence.

At this stage, the findings and material contained in the original independent panel report will be tested against additional evidence and testimony. The committee will assess competing versions of events, examine documentary records, and evaluate legal and factual arguments presented by all participating parties.

The president is entitled to participate fully in this phase. This includes presenting evidence, calling witnesses where appropriate, responding to allegations, and challenging the material placed before the committee.

The evidentiary phase forms the core investigative function of the Section 89 process. It is where Parliament determines whether the threshold for impeachment has been met on the basis of tested evidence rather than preliminary assessment.

Once hearings conclude, the committee will compile its findings and determine whether to recommend that Parliament proceeds to a final impeachment vote. That vote, if reached, would require a two-thirds majority of MPs to remove the president from office.