The Constitutional Court of South Africa has ruled in favour of the Economic Freedom Fighters in the Phala Phala matter involving President Cyril Ramaphosa.
Judgment was delivered on Friday morning at Constitutional Hill in Braamfontein.
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The court found that the National Assembly of South Africa acted unlawfully and inconsistently with the Constitution when it voted in December 2022 to reject the findings of the Section 89 Independent Panel report.
The ruling means Parliament must now reconsider the panel’s findings and determine whether a full impeachment inquiry against Ramaphosa should proceed.
The matter was brought before the court by the EFF and the African Transformation Movement in November 2024.
Constitutional Court Finds Parliament’s Decision Was Irrational
At the centre of the case was Rule 129 of the National Assembly’s impeachment process.
The EFF argued that the rule gave Parliament unconstitutional discretion to reject the findings of an independent panel, effectively undermining the impeachment process outlined in the Constitution.
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The Constitutional Court agreed, finding that Parliament’s 214-to-148 vote against adopting the report was irrational.
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ATM parliamentary leader Vuyo Zungula had argued that Parliament failed in its oversight role by refusing to allow a full inquiry into the allegations.
“The only rational thing to do would be to further scrutinise,” Zungula previously said.
The judgment was delivered 521 days after arguments were heard, following criticism over the lengthy delay.
Phala Phala Matter Returns To Parliament
The case stems from a burglary at Ramaphosa’s Phala Phala farm in Limpopo in February 2020, during which approximately $580,000 in foreign currency was allegedly stolen.
Ramaphosa said the money was payment from Sudanese businessman Mustafa Mohamed Ibrahim Hazim for the purchase of buffalo.
However, the Section 89 panel chaired by former Chief Justice Sandile Ngcobo found what it described as significant gaps in the explanation.
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The panel found prima facie evidence suggesting Ramaphosa may have committed serious constitutional violations, including possible breaches relating to undisclosed foreign currency, involvement in private business activities and failure to report the theft properly.
The report also raised concerns about the conduct of Major General Wally Rhoode, who allegedly led an unofficial investigation into the theft.
Earlier this year, the Independent Police Investigative Directorate confirmed there were “transgressions” linked to the handling of the matter.
The ruling now returns the matter to Parliament at a time when the ANC no longer holds an outright majority following the 2024 general election.
Political parties in Parliament will now have to decide whether to support a full impeachment inquiry into the president.
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