The Constitutional Court has ruled the National Assembly's decision to block the Phala Phala impeachment process unconstitutional, reinstating the Section 89 report and igniting political tensions in South Africa.
Image: IOL graphics
The Economic Freedom Fighters (EFF), who spearheaded the legal challenge, has welcomed the landmark ruling of the Constitutional Court which declared the National Assembly’s previous decision to block the Phala Phala impeachment process unconstitutional, ordering the Section 89 report back to Parliament.
The judgment, delivered on Friday by Chief Justice Mandisa Maya, found that Rule 129 (i) of the National Assembly, which allowed Parliament to vote against the adopting the findings of an independent Section 89 panel was invalid. Consequently, the December 2022 vote that shielded President Cyril Ramaphosa from an impeachment inquiry has been rendered null and void.
The Economic Freedom Fighters (EFF), who spearheaded the legal challenge, welcomed the judgment as a vindication of the rule of law. The party had long argued that the ANC used its then-parliamentary majority to "collapse" the Section 89 process and protect Ramaphosa from accountability.
"The EFF promised the people of South Africa from the very beginning that Phala Phala will never die," the party said in a statement. "Today’s judgment confirms that truth. Despite all attempts by the ANC, Parliament, and captured state institutions to bury this scandal, constitutional accountability has prevailed."
EFF leader Julius Malema addresses party members outside the Constitutional Court on Friday.
Image: Itumeleng English / Independent Newspapers
The EFF further alleged that institutions including the South African Revenue Service (SARS), the South African Reserve Bank (SARB), and the Office of the Public Protector had participated in "whitewashing" the scandal.
Democratic Alliance (DA) Leader Geordin Hill-Lewis described the moment as "grave" for the Presidency and South Africa’s democracy. He confirmed that the DA would participate fully in the now-reinstated impeachment committee.
"The Court has now made clear that Parliament must correct its rules, and that the Section 89 report must proceed to an impeachment committee," Hill-Lewis said.
"We will not prejudge the outcome. But nor will we allow any person, no matter how high their office, to be placed above accountability."
Hill-Lewis emphasised that the judgment draws a clear line between the DA’s commitment to the Constitution and the ANC’s historical "political culture" of shielding leaders.
ActionSA celebrated the ruling, noting that the report returns to a Parliament where the ANC no longer holds an absolute majority.
"The fact that this report must now return to a Parliament where the ANC no longer enjoys a majority that can protect the President over the Constitution is a victory," the party stated. ActionSA challenged parties within the Government of National Unity (GNU) to "demonstrate whether they will act for South Africans" or remain silent on the matter.
The Phala Phala scandal broke in 2022 following revelations that over US $580,000 was stolen from Ramaphosa’s private game farm in Limpopo. The incident raised serious allegations regarding the source of the foreign currency, possible money laundering, tax evasion, and the misuse of state security structures to conceal the crime.
The Section 89 Independent Panel, chaired by former Chief Justice Sandile Ngcobo, previously found prima facie evidence that the President may have committed serious violations of the Constitution and the Prevention and Combating of Corrupt Activities Act (PRECCA).
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