Ngcukaitobi argues EFF's claims of intimidation in Phala Phala case lack evidence
On November 26, 2024, Advocate Tembeka Ngcukaitobi appeared before the Constitutional Court to argue on behalf of the ANC in the Phala Phala matter.
Ngcukaitobi defended the decision by the National Assembly to reject the 2022 Section 89 panel report, which found preliminary evidence of misconduct by the president. He emphasized that the parliamentary process adhered to the Constitution and that the Assembly exercised its discretion lawfully in deciding not to proceed with an impeachment inquiry.
Ngcukaitobi argued that the opposition’s claims of irrationality and political bias in the Assembly’s vote lacked merit, as decisions made in Parliament are inherently political.
He further contended that the courts should respect the separation of powers and avoid overstepping into legislative processes.
Ngcukaitobi maintained that the challenge brought by opposition parties, including the ATM and EFF, was an attempt to interfere with a constitutionally valid parliamentary procedure.
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