JOHANNESBURG – Constitutional Court of South Africa has ruled in favour of Economic Freedom Fighters (EFF), finding that the National Assembly acted unlawfully when it voted in December 2022 to reject the Section 89 Independent Panel report into President Cyril Ramaphosa’s controversial Phala Phala scandal.
The landmark judgment, delivered on Friday morning at Constitutional Hill, orders Parliament to properly reconsider the Section 89 panel report, effectively reopening the possibility of a full impeachment inquiry against the President.
The ruling comes 521 days after arguments in the matter were heard, following mounting public criticism over the lengthy delay. At the centre of the dispute was Rule 129 of Parliament’s impeachment procedures. The EFF argued that the rule gave lawmakers unconstitutional discretion to overturn findings made by an independent impeachment panel, thereby undermining the constitutional purpose of accountability mechanisms.
The Constitutional Court agreed, ruling that the National Assembly’s decision to reject the panel’s findings through a 214-to-148 vote was irrational and inconsistent with constitutional obligations.
Vuyo Zungula, leader of the African Transformation Movement in Parliament, had argued that legislators failed in their oversight responsibilities by refusing to proceed with a full inquiry despite the panel’s findings.The matter will now return to Parliament, where lawmakers must decide whether to initiate a formal impeachment investigation into Ramaphosa.
The judgment marks a dramatic development in a controversy that dates back to February 2020, when thieves broke into Ramaphosa’s Phala Phala game farm and allegedly stole around US$580,000 concealed inside furniture at the property.
Ramaphosa has consistently maintained that the money originated from the sale of 20 buffalo to Sudanese businessman Mustafa Mohamed Ibrahim Hazim. However, the Section 89 Independent Panel, chaired by former Chief Justice Sandile Ngcobo, identified significant inconsistencies in the explanation.
Among its findings, the panel noted that the buffalo reportedly remained on the farm more than two years after the alleged transaction and that no formal tax records for the sale could be located.
The panel concluded there was prima facie evidence suggesting Ramaphosa may have committed serious constitutional violations, including possible breaches relating to undeclared foreign currency, involvement in private business activities while in office, failure to properly report the theft to authorities, and the alleged misuse of state resources in the subsequent investigation.
The report stated there was sufficient evidence to justify a full impeachment inquiry. However, Parliament—then dominated by an African National Congress majority—voted against adopting the report in December 2022, effectively halting the process.
The EFF subsequently challenged the decision in the Constitutional Court, arguing that Parliament had improperly set aside findings indicating the President may have a case to answer.
The court’s ruling also follows renewed scrutiny generated by a declassified report from the Independent Police Investigative Directorate (IPID). The report found procedural irregularities in the handling of the Phala Phala matter, including allegations that Major General
Wally Rhoode failed to open a formal criminal case and instead led an unofficial operation to recover the stolen money.
According to IPID investigators, state resources were allegedly used in the operation, while travel documentation was reportedly manipulated to conceal aspects of the investigation.
Ramaphosa has denied involvement in any wrongdoing, insisting that the relevant institutions should be allowed to complete their processes independently.
The political environment surrounding the case has shifted significantly since the original parliamentary vote. Following the 2024 national elections, the ANC lost its outright parliamentary majority, potentially altering the dynamics of any future impeachment-related proceedings.
Political parties across the spectrum—including the ANC, EFF, Democratic Alliance and uMkhonto weSizwe Party—will now face renewed pressure to clarify their positions when the Section 89 report returns to Parliament.
The issue is expected to become a major political flashpoint ahead of South Africa’s local government elections scheduled for November 4.
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