ConCourt Revives Phala Phala Heat

By MBULELO BALOYI

South Africa’s Constitutional Court has reignited the politically explosive Phala Phala saga, ruling that Parliament failed in its constitutional duty to properly scrutinise allegations against President Cyril Ramaphosa.

The CoCourt ruling on Phala Phala farm theft has put the spotlight back on President Cyril Ramaphosa

In a landmark judgment that sharpens the spotlight on executive accountability, the apex court found that the National Assembly could not simply shut down impeachment-related proceedings arising from the scandal without adequately exercising its oversight role.

The case stemmed from Parliament’s decision to reject findings by an independent Section 89 panel, which concluded that Ramaphosa may have had a case to answer over possible constitutional breaches linked to the 2020 theft of foreign currency from his Phala Phala game farm in Limpopo.

The Economic Freedom Fighters (EFF) and African Transformation Movement (ATM) approached the Constitutional Court after Parliament voted against pursuing further impeachment processes.

In a split ruling, seven of the 11 justices sided with the applicants, while three backed Parliament and Ramaphosa.

The court stressed that Parliament is constitutionally obligated to interrogate serious allegations against a sitting president and cannot rely solely on political majorities to avoid accountability.

The judgment does not determine Ramaphosa’s guilt or innocence in the scandal itself, but focuses on whether Parliament acted lawfully in halting the impeachment process.

Political analysts Professor Dirk Coetzee and Professor Mazwi Majola said the ruling could reopen parliamentary proceedings linked to Phala Phala and intensify pressure on both the ANC and opposition parties ahead of future political battles.

Although the court did not set deadlines for Parliament to revisit the matter, both the EFF and ATM vowed to push for urgent action in the National Assembly.

Addressing jubilant supporters outside Constitution Hill, EFF leader Julius Malema said a future impeachment inquiry would “leave no stone unturned”.

“We would like to see the evidence of the buffaloes allegedly bought with the dollars and see them being shipped out of South Africa,” Malema said.

He also suggested Ramaphosa should resign rather than remain in office while facing possible impeachment proceedings.

Opposition parties, including the Democratic Alliance and ActionSA, described the judgment as a critical test of South Africa’s constitutional democracy, while the ANC said it respected the ruling.

The Phala Phala scandal erupted in 2022 after allegations surfaced that large amounts of undeclared foreign currency hidden at the president’s farm had been stolen and that the matter was allegedly concealed from authorities.

The ruling is expected to have far-reaching implications for future impeachment proceedings and Parliament’s oversight powers over the executive. TQ