The Constitutional Court has set aside the National Assembly’s 2022 decision not to proceed with impeachment proceedings against President Cyril Ramaphosa in relation to the Phala Phala scandal.
In a landmark judgment delivered on Friday, the apex court ruled that Parliament acted unlawfully when it voted against adopting the findings of the Section 89 Independent Panel report, which had found prima facie evidence that Ramaphosa may have violated the Constitution and committed serious misconduct.
The case was brought by the Economic Freedom Fighters, which argued that the National Assembly had improperly shielded the President from accountability.
The Constitutional Court ruled that Parliament must now refer the Section 89 report to an impeachment committee for further consideration.
Following the ruling, the EFF wrote to National Assembly Speaker Thoko Didiza demanding the “immediate constitution” of the impeachment committee.
“The Constitutional Court specifically ruled that the National Assembly must refer the Section 89 Independent Panel Report to an Impeachment Committee,” the party said in its letter.
The EFF also requested clear timelines for the implementation of the judgment.
The Democratic Alliance said it would participate fully in the impeachment process, describing the judgment as “a grave moment for Parliament, for the Presidency, and for South Africa’s constitutional democracy”.
DA leader Geordin Hill-Lewis said the party would be guided by evidence and constitutional principles.
“We will not prejudge the outcome. But nor will we allow any person, no matter how high their office, to be placed above accountability,” he said.
Hill-Lewis said the ruling reinforced the principle that “public office is a public trust” and accused the African National Congress of fostering a culture where accountability is often avoided for political convenience.
ActionSA also welcomed the ruling, calling it “a victory for accountability”.
ActionSA national chairperson Michael Beaumont said the judgment was significant because the ANC no longer holds a parliamentary majority capable of protecting the President.
“This report must now return to a Parliament where the ANC no longer enjoys a majority that can protect the President over the Constitution,” Beaumont said.
Meanwhile, GOOD Party secretary-general Brett Herron said the ruling should finally help bring clarity to a scandal that has remained clouded in secrecy despite multiple investigations.
Herron noted that institutions, including the Public Protector, the South African Reserve Bank and the National Prosecuting Authority, had all cleared Ramaphosa of wrongdoing in various aspects of the matter, but argued that ordinary South Africans were still left without a “clearly understandable version of events”.
“Despite all the investigations, technical processes, explanations, and millions of words expended on the matter, a veil of mystery continues to surround the case,” Herron said.
He criticised Parliament’s handling of the issue, saying lawmakers had worsened the controversy by initially appointing an independent panel, only for MPs to later vote against adopting its findings.
Herron said the Constitutional Court ruling vindicated the GOOD Party’s earlier proposal that Parliament should have accepted the Section 89 report while delaying impeachment proceedings pending any legal review by the President.
According to Herron, Parliament’s decision to reject the report, combined with Ramaphosa’s subsequent decision not to review the panel’s findings in court, ultimately opened the door for the EFF’s successful Constitutional Court challenge.
“If the President has a complete set of answers to the questions about what transpired on his farm, and after the alleged break-in, he has nothing to lose from a parliamentary impeachment process,” Herron said.
He warned that the matter could further damage public trust in political institutions ahead of this year’s local government elections.
The Phala Phala scandal centres on allegations surrounding a large sum of foreign currency stolen from Ramaphosa’s Phala Phala game farm in Limpopo in 2020, and questions over whether the theft and subsequent investigation were properly disclosed and handled.
The Constitutional Court judgment now compels Parliament to revive the impeachment process under Section 89 of the Constitution, potentially setting a major precedent for how future presidents are held accountable.
