EFF challenges Parliament’s open vote on Phala Phala, seeks to join Ramaphosa’s litigation

The Economic Freedom Fighters (EFF) has decided to challenge Parliament’s decision not to adopt the Phala Phala report.

The EFF made an urgent application for direct access to the Constitutional Court (ConCourt) on Tuesday, with the party asking the apex court to review and set aside 13 December’s vote against the adoption of the Section 89’s report on Phala Phala.

Direct access

The Red Berets wants the vote declared unconstitional and invalid.

The party are also challenging National Assembly Speaker Nosiviwe Mapisa-Nqakula’s decision to reject its request to allow a secret ballot vote.

“[We, therefore, seek an order directing] that the Section 89 proceedings be held again by no later than 30 calendar days of this court’s [judgment],” the EFF’s application reads.

The EFF has further asked the ConCourt to order parties who are opposing their application to pay their costs.

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The party is of the view that there was a verifiable threat for members of Parliament (MPs) to “execute their constitutional duty” when the voting took place last month.

This is after the national executive committee (NEC) of African National Congress (ANC) instructed its members to reject voting in favour of the Phala Phala report that recommended that impeachment proceedings be instituted against President Cyril Ramaphosa.

According to the EFF, this curtailed ANC MPs’ constitutional obligation to vote with their conscience.

The ANC has already indicated that there will be disciplinary action against the five party members – including Nkosazana Dlamini-Zuma – who voted for the adoption of the report.

ATM challenge

The African Transformation Movement (ATM) is challenging the National Assembly vote having filed its urgent application with the Western Cape High Court last month.

But Parliament said on 23 December that it had not been served with the papers in its response to the ATM’s litigation.

RELATED: Phala Phala: ATM goes to court to have Parliament’s open vote declared invalid

The ATM, which initially filed the Section 89 motion in Parliament, further wants the matter to be heard in court on 25 January, according to reports

All political parties in the National Assembly have been cited as respondents and can file affidavits by 13 January.

Leave to intervene

Meanwhile, the EFF is also seeking leave to intervene and oppose Ramaphosa’s review application, which is challenging the Phala Phala report.

Ramaphosa came under fire after the Section 89 panel found that the president had a case to answer regarding the burglary at his Phala Phala farm in Limpopo.

The president may have violated the Constitution and anti-corruption laws, according to the panel.

He has since asked the ConCourt to review and set aside the report.

The EFF, however, argued that Ramaphosa just wants to avoid accountability after the president’s legal team rejected the Red Beret’s request to be included as the sixth respondent in the matter.

“The relief sought by the president is an attempt to avoid the type of accountability the EFF is entitled to ensure that it takes place.

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“It is the type of relief which materially and adversely affect the constitutional right, and duty, of the EFF to call for and ensure that the president accounts to the National Assembly and its members, as well as the public,” the party said in its application.

“Thus far, the president has refused to properly and fully account for his conduct on the Phala Phala saga. He has claimed that the allegations relating to the Phala Phala saga are still under investigation by law enforcement agents and the Public Protector and those investigations have not been completed, and that based on the legal advise he received he was not willing to publicly and fully respond to the allegations against him.”

The EFF has asked the ConCourt that their application challenging the Phala Phala vote be heard on the day Ramaphosa’s case takes place.

Read the EFF’s application below:

The ATM is also opposing Ramaphosa’s court application.

In their papers, ATM leader Vuyo Zungula argued that the panel’s report was not reviewable because such reports were merely just recommendations, adding that the president’s application did not engage the exclusive jurisdiction of the ConCourt.

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