The Western Cape High Court has reserved judgment in an application on whether a secret ballot vote should have been held in a sitting considering the Section 89 report on President Cyril Ramaphosa's Phala Phala scandal.

On Tuesday, the second day of arguments, the African National Congress (ANC) presented its case to a full Bench of the court.

The African Transformation Movement (ATM) approached the court in December to overturn the National Assembly's decision not to continue with impeachment proceedings against Ramaphosa over the Phala Phala saga. The ATM is asking the court to set aside National Assembly Speaker Nosiviwe Mapisa-Nqakula's decision.

It is also asking the court to set aside the National Assembly's proceedings of 13 December, and for a declaratory order that such a vote must be by secret ballot.

Arguing on behalf of the ANC, advocate Tembeka Ngcukaitobi said the ATM had two weeks to lodge the case after the Speaker made her decision on the voting procedure.

"To do so after the event is moot. It can't be reconstructed. If the opposition had won the vote, they would not be in court today," he said.

Ngcukatoibi also submitted that there was no hard evidence of threats before the court.

"This is purely a speculative case," he said.

Furthermore, Ngcukaitobi argued that all opposition parties in the multiparty forum voted in the same way.

"It was only in the ANC where there were differing views."

During the sitting, five ANC MPs broke ranks in the open, roll-call vote, although Tandi Mahambehlala, who had voted in support of the motion, later indicated that she intended to toe the party line - but by then, it was too late.

Advocate Anton Katz, for the ATM, said it was "absurd" to suggest previous cases on a secret ballot for a motion of no confidence were moot because of the time that had elapsed.

Days after former spy boss Arthur Fraser laid charges against Ramaphosa, Zungula lodged a motion in terms of Section 89 of the Constitution for Ramaphosa's removal.

Mapisa-Nqakula didn't accept the initial motion, but a subsequent one was accepted.

This led to the establishment of an independent panel, chaired by former chief justice Sandile Ngcobo, which found that Ramaphosa had a prima facie case to answer to.

This led to the 13 December sitting, where the vast majority of ANC MPs voted against the motion to establish an inquiry into Phala Phala.

A judgment is expected in the coming weeks.