Home PoliticsEFF NewsOne Year Later: EFF Leader Julius Malema Questions Why ConCourt Has Not Ruled on Ramaphosa Impeachment Case

One Year Later: EFF Leader Julius Malema Questions Why ConCourt Has Not Ruled on Ramaphosa Impeachment Case

by Selinda Phenyo
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One Year Later: EFF Leader Julius Malema Questions Why ConCourt Has Not Ruled on Ramaphosa Impeachment Case

EFF leader Julius Malema has ramped up pressure on South Africa’s Constitutional Court, accusing it of shielding President Cyril Ramaphosa by delaying a crucial judgment on the Phala Phala scandal. On Friday, 28 November 2025, Malema led a march of hundreds of EFF supporters to the court in Braamfontein, Johannesburg, where they handed over a memorandum demanding the immediate release of the ruling. The party argues that the one-year wait since the case was heard is unacceptable and erodes trust in the judiciary. This latest push highlights ongoing frustrations over what the EFF calls a failure to hold the powerful accountable, with Malema vowing not to let the matter rest.


The event saw red-bereted marchers chanting for justice, carrying placards that slammed the delay as a threat to democracy. Malema, addressing the crowd, questioned why the court has taken so long, suggesting it shows bias towards Ramaphosa. Chief Justice Mandisa Maya has pushed back, saying there is no hidden agenda and blaming a heavy workload for the hold-up. As political tensions rise, other parties like the MK Party have echoed the EFF’s claims, calling the judiciary “captured”.


The March and Memorandum: A Call for Urgent Action


The EFF’s protest started with a gathering outside the court, where supporters sang struggle songs and waved flags. Malema, flanked by party officials, delivered the memorandum to court representatives. The document, dated 28 November 2025, expresses deep dissatisfaction with the court’s year-long delay in handing down the Phala Phala judgment.


Key points from the memorandum include:

  • The delay has created a crisis of confidence in the judiciary and casts doubt on the principle that all people, regardless of office, are equal before the law.
  • It demands the immediate release of the long-reserved judgment, warning that continued silence undermines constitutional rights, public trust, and judicial integrity.
  • The EFF accuses Parliament of acting unlawfully by rejecting a Section 89 Panel report without debate and refusing a secret ballot, prioritising party loyalty over constitutional duty.
  • They argue the court must order Parliament to reconduct the impeachment process lawfully, with proper debate and a secret ballot, so MPs can decide without fear of intimidation.


The memorandum also slams institutions like SARS for reporting no declaration of the foreign currency yet taking no action, and the SARB for producing a “legally illogical” report claiming no completed sale. It criticises the Acting Public Protector’s flawed report that absolved Ramaphosa despite contradictions.


Malema, in his speech, said the delay is four times the accepted judicial standard of three months, shaking the nation’s confidence in the court’s ability to act without fear or favour. “This is especially dangerous at a time when serious allegations of corruption in parts of the judiciary have already cast shadows over judicial independence,” the document states.


Recap of the Phala Phala Scandal


The Phala Phala issue dates back to February 2020, when an estimated USD $4 million in foreign currency was stolen from President Ramaphosa’s private farm in Limpopo. The money, hidden in furniture and never declared to the South African Reserve Bank (SARB) or the South African Revenue Service (SARS) as required by law, was allegedly from a buffalo sale to a Sudanese businessman. However, probes showed the animals never left the farm, and the funds were not legally reported, leading to claims of money laundering and tax evasion.


Instead of reporting the theft to the police as mandated by the Prevention and Combating of Corrupt Activities Act (PRECCA), Ramaphosa allegedly used his Presidential Protection Unit (PPU) for a secret investigation. This involved unlawful actions like kidnapping, interrogation, bribery, and cross-border operations in Namibia to suppress the scandal and protect his private financial interests – a direct violation of the Constitution.


The public learned about it in June 2022 when former spy boss Arthur Fraser filed a criminal complaint. Parliament set up a Section 89 Independent Panel, led by former Chief Justice Sandile Ngcobo, which found prima facie evidence of wrongdoing by Ramaphosa, including breaking the law, violating PRECCA, breaching the Constitution, and abusing state resources.


Despite this, the ANC majority in Parliament blocked impeachment by rejecting the report without debate or a secret ballot. The EFF and African Transformation Movement (ATM) then took the matter to the Constitutional Court in November 2024, arguing Parliament’s process was defective and subverted the impeachment mechanism in Section 89.


Responses from the Court and Other Parties


Chief Justice Mandisa Maya has defended the court, stating there is “nothing sinister” about the delay. She attributes it to the court’s heavy workload and other challenges, insisting judges are working hard to clear backlogs. However, the EFF rejects this, calling it an excuse that benefits the powerful while ordinary cases move faster.


The MK Party has joined the criticism, saying the delay proves the judiciary is captured. Other opposition figures have echoed calls for transparency, warning that prolonged silence fuels perceptions of selective justice.


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