Chief Justice Mandisa Maya delivers a ruling on the Phala Phala matter involving President Cyril Ramaphosa. Pic:ThePresidency
Thokozile Mnguni
South Africa’s Constitutional Court has ruled that Parliament’s handling of the Phala Phala matter was unconstitutional, setting aside the National Assembly’s 2022 decision that blocked further action against President Cyril Ramaphosa.
In a judgment delivered today, the apex court found that the National Assembly acted inconsistently with the Constitution by rejecting the Section 89 independent panel report. The panel had recommended that Parliament consider whether there were grounds to initiate impeachment proceedings against the President.
Chief Justice Mandisa Maya said the court had exclusive jurisdiction over the constitutional challenge to the parliamentary rule at the centre of the case, while other related issues did not fall within that scope.
The case was brought by the Economic Freedom Fighters and the African Transformation Movement, who challenged Parliament’s decision to reject the panel’s findings.
The independent panel, chaired by former Chief Justice Sandile Ngcobo, had concluded there was sufficient information for Parliament to determine whether the President had a case to answer regarding the Phala Phala farm controversy.
The court ruled that the National Assembly’s decision was inconsistent with the Constitution and failed to meet its oversight obligations. It set aside the 2022 vote and ordered Parliament to amend the rules governing the Section 89 process.
The court further directed that the panel’s report be referred to an impeachment committee for consideration and further proceedings, effectively sending the matter back to Parliament.
The ruling reopens a major political and constitutional issue and places renewed focus on Parliament’s duty to hold the executive accountable.
Following the judgment, the Economic Freedom Fighters said it has written to the Speaker of the National Assembly requesting immediate implementation and the formation of the impeachment committee.
The African Transformation Movement welcomed the ruling, saying procedural rules cannot be used to avoid constitutional scrutiny, and called for the impeachment process to proceed without delay. Democratic Alliance leader and MP Geordin Hill-Lewis says the party respects the Constitutional Court, the Constitution, and the rule of law.
He said the Court has made it clear that Parliament must correct its rules and that the Section 89 report must proceed to an impeachment committee.
“This is a grave moment for Parliament, the Presidency, and South Africa’s constitutional democracy,” he said.
Hill-Lewis said the DA will participate fully in the process.
“We will be guided by the facts and evidence. No one is above accountability. Public office is a public trust, and the highest standards must apply,” he added.