The EFF has urged the National Assembly to oppose President Cyril Ramaphosa's legal challenge against the Phala Phala Independent Panel Report, warning that failure to do so could undermine parliamentary authority and integrity.
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The Economic Freedom Fighters has written to National Assembly Speaker Thoko Didiza demanding that Parliament oppose President Cyril Ramaphosa’s application to set aside the Phala Phala Independent Panel report linked to the Section 89 impeachment process.
In a letter, EFF Parliamentary Chief Whip Nontando Nolutshungu said the National Assembly could not allow the report to be challenged “without opposition by the institution that established the process”.
The party argued that failing to oppose the President’s court application would “undermine the authority, integrity and constitutional role of the National Assembly”.
“The Independent Panel process was established in terms of the Rules of the National Assembly and constituted an important constitutional accountability mechanism of Parliament,” the EFF said.
The red berets also demanded that all political parties represented in Parliament be included in decisions regarding the appointment of legal representation for the National Assembly.
“It cannot be correct that only the Chief Whip of the ANC is included in such deliberations as though he carries a mandate on behalf of all political parties represented in the National Assembly,” the letter stated.
The EFF accused the Speaker’s office of handling the matter as an internal ANC issue instead of a parliamentary process involving all parties.
“This matter concerns the institution of Parliament as a whole and cannot be approached as an internal ANC matter or through private consultations between the Office of the Speaker and the ANC Chief Whip,” Nolutshungu wrote.
The party further argued that Didiza was conflicted because she voted against proceeding with the Section 89 impeachment inquiry in December 2022 following the release of the Independent Panel report chaired by former Chief Justice Sandile Ngcobo.
“It would therefore be improper for the same person who voted against the continuation of the impeachment process to unilaterally take decisions regarding legal opposition to matters arising from that very process,” the EFF said.
The letter also referenced the recent Constitutional Court judgment in Economic Freedom Fighters and Another v Speaker of the National Assembly and Others [2026] ZACC 17, saying the ruling reinforced the need for “an inclusive, transparent and collectively agreed process”.
The EFF warned that it could approach the courts urgently if the Speaker failed to act.
“The EFF reserves its rights, including the right to approach a competent court for appropriate relief, should the Speaker fail to act reasonably and inclusively on this matter,” the party said.
The party has given Didiza 48 hours to respond to its demands.
“In light of the urgency of the matter, we request that you provide us with a response within 48 hours of receipt of this correspondence, failing which the Economic Freedom Fighters will explore appropriate relief on an urgent basis before a competent court,” Nolutshungu wrote.
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