Economic Freedom Fighters (EFF) says it is confident the Constitutional Court of South Africa will rule in its favour in the Phala Phala matter involving President Cyril Ramaphosa.
The apex court is expected to deliver judgment on Friday in a case brought by the EFF and the African Transformation Movement in November 2024.
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The parties are challenging Parliament’s decision to reject the report of the Section 89 independent panel.
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Speaking outside court ahead of the ruling, EFF national spokesperson Thembi Msane said the party believed the judgment would favour the applicants.
“The Constitutional Court will say that Parliament needed to implement the Section 89 panel report, which found that Ramaphosa had committed wrongdoing and acted unconstitutionally,” Msane said.
“We expect the Constitutional Court to rule that the Section 89 panel’s recommendations must be implemented.”
EFF Criticises Delay In Judgment
Msane said the EFF would consider additional legal options if the ruling did not go in the party’s favour.
“We will look at other legal measures beyond the Constitutional Court and what can be done, because the panel set up by Parliament under Section 89 found that Cyril Ramaphosa breached the Constitution,” she said.
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Responding to questions about the judiciary’s independence, Msane said the party trusted the Constitutional Court to uphold the principle of separation of powers.
“That is why we brought this matter to the Constitutional Court. We trust that the judges can maintain the separation of powers as required under South Africa’s constitutional framework,” she said.
The EFF also criticised the delay in the delivery of the judgment, claiming the matter had remained unresolved for more than 500 days.
“The laws of South Africa do not allow for a judgment to take this long. We are now sitting at more than 500 days, which is a very long time,” Msane said.
“Justice delayed is justice denied, especially when the matter concerns the head of state.”
EFF supporters gathered outside the Constitutional Court ahead of the judgment, with a strong police and metro police presence visible at the court precinct.
Opposition Parties Renew Calls For Accountability
The case relates to Parliament’s December 2022 decision to reject the findings of the Section 89 panel chaired by retired Chief Justice Sandile Ngcobo.
The panel found there was sufficient evidence for Parliament to consider an impeachment inquiry into Ramaphosa’s conduct linked to the Phala Phala farm theft matter.
The controversy stems from a February 2020 burglary at Ramaphosa’s farm in Limpopo, where about $580,000, estimated at around R8 million at the time, was allegedly stolen.
ActionSA national chairperson Michael Beaumont said the party hoped the court would find Parliament had failed in its constitutional obligations.
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“There were many government institutions at the time that ensured the president did not face accountability, and in 2022 the ANC used its majority in Parliament to protect him,” Beaumont said.
“That majority no longer exists, and we expect the Constitutional Court to declare Parliament’s actions unconstitutional and send the matter back to Parliament.”
Beaumont also criticised parties in the Government of National Unity for no longer speaking out strongly on the issue.
“If Phala Phala was a problem in 2022, it remains a problem in 2026, whether parties are in government or not,” he said.
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