The Western Cape High Court is scheduled to hear an urgent legal challenge on Wednesday and Thursday, positioning Parliament’s Section 89 Impeachment Committee chairperson Makashule Gana, at the centre.

Cited as the second respondent in his official capacity, Gana’s upcoming courtroom appearance underscores Parliament's firm commitment to defending its constitutional oversight mechanisms against high-level executive pushback.

The legal battle intensified last month when the Section 89 Impeachment Committee resolved to formally oppose President Cyril Ramaphosa’s urgent court application attempting to halt the committee’s inquiry.

His urgent application aims to block it from proceeding with the impeachment process tied to the ongoing Phala Phala scandal.

This litigation represents the latest chapter in a protracted legal saga surrounding the Section 89 inquiry currently before Parliament. The Presidency’s move to interdict the process is seen as a direct challenge to the legislative arm's power to hold the executive accountable.

Despite the litigation, committee members maintain that their mandate remains unchanged. Committee leadership emphasised that they are legally bound by previous Constitutional Court directives regarding parliamentary oversight.

Gana's representation of the committee this week will focus heavily on preserving the separation of powers. Parliament's legal team is expected to argue that halting an active legislative inquiry prematurely encroaches on the constitutional duties of the National Assembly.

The outcome of the two-day hearing will dictate whether the Phala Phala impeachment inquiry faces further delays or proceeds at full steam.