Ramaphosa’s Phala Phala Matter Back in Court as EFF Challenges Parliament Decision
The Constitutional Court has issued directions in the EFF’s attempt to challenge Parliament’s 2022 decision not to adopt the S89 panel report regarding President Cyril Ramaphosa’s controversial Phala Phala matter. Chief Justice Raymond Zondo confirmed, “The application is set down for hearing in due course.”
Background Details
President Cyril Ramaphosa faces allegations of hiding the theft of millions of rands, derived from illicit proceeds, at his game farm in Limpopo. A panel led by retired Chief Justice Sandile Ngcobo found a prima facie case suggesting that Ramaphosa may have violated his oath of office due to his actions concerning the burglary at his property.
Despite these findings, the African National Congress (ANC) leveraged its majority in the National Assembly to vote against the panel’s report, effectively stalling further investigations. The EFF maintains that Parliament’s decision was irrational and obstructive, thereby “blocking” a deeper probe into the president’s actions.
Latest Developments in the Case
Chief Justice Zondo has provided the following directions for the case:
- The application is scheduled for hearing.
- The applicant must submit a paginated record, containing only the essential portions, by Monday, 1 July 2024, in accordance with rule 20(1) and (2) of the Court’s Rules.
- Written arguments are to be lodged by:
- The applicant by Friday, 19 July 2024.
- The respondents by Friday, 26 July 2024.
- Further directions may be issued.
The EFF aims to have the court declare Parliament’s decision as irrational and unlawful. Their application underscores the principles of accountability and transparency enshrined in the Constitution.
EFF’s Legal Argument
The EFF’s notice of motion particularly challenges Rule 129I of the Rules of the National Assembly, asserting that the rule is “inconsistent with the Constitution.” They argue it allows the National Assembly to vote against any potential impeachment proceedings even when a prima facie case against a sitting president has been established. The rule’s vagueness, according to the EFF, further complicates efforts to uphold constitutional accountability.
Political Ramifications
The legal tussle comes on the heels of the ANC’s disappointing performance in the recent 2024 general elections. Announced at the Electoral Commission of South Africa (IEC)’s Results Operation Centre in Midrand, the ANC failed to secure an outright majority. The political shift could have significant implications for Ramaphosa, who previously avoided impeachment in 2023 when his party shielded him from answering in Parliament about the Phala Phala matter.
Freedom Front (FF) Plus leader Pieter Groenewald highlighted the ANC’s precarious position post-elections. Groenewald stressed the necessity of revisiting the panel report on the Phala Phala issue in the National Assembly.
“I’m going to request that the panel report on the Phala Phala issue must be re-introduced in the National Assembly,” Groenewald said
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