President Cyril Ramaphosa. Pic AIG
Thokozile Mnguni
The National Assembly is preparing to implement a Constitutional Court ruling that effectively reopens the parliamentary process linked to the Phala Phala Section 89 report. Steps are now expected toward establishing an impeachment committee. This follows a Constitutional Court ruling on Friday that set aside Parliament’s 2022 decision and directed that the Section 89 process be corrected and reconsidered through proper parliamentary procedures.
The Phala Phala matter stems from allegations of cash allegedly stolen from President Cyril Ramaphosa’s Limpopo farm in 2020. It sparked political and parliamentary scrutiny. That process has now culminated in the implementation of the court’s ruling and the revival of the Section 89 process.
Speaker Thoko Didiza has confirmed that Parliament will comply with the judgment. Lawmakers are required to revisit how the independent panel’s findings were handled after the National Assembly rejected the report in 2022.
At the centre of the process is the Section 89 panel report. It was tabled in Parliament but not adopted. A majority vote blocked it from advancing to a formal inquiry stage.
The Constitutional Court found that Parliament’s handling of the matter was constitutionally flawed. It ruled that the decision to halt further steps did not meet constitutional requirements.
The National Assembly is now obliged to proceed in line with proper constitutional procedures. This includes reconsideration of the panel’s findings. It also includes the establishment of an impeachment committee to assess whether the matter warrants further inquiry.
Parliament is currently working through the administrative and procedural steps needed to implement the judgment.
The developments mark a renewed phase in a politically sensitive process. It has remained under legal and parliamentary scrutiny since the independent panel report was first released. Lawmakers are expected to determine the structure and mandate of any committee once internal processes are completed.
Former Speaker Nosiviwe Mapisa-Nqakula has criticised the handling of the matter. She said she “hangs her head in shame” over the decision taken at the time. She made the remarks during a conversation on the African Renaissance Podcast with Dr Mbuyiseni Ndlozi. She alleged that ANC MPs were instructed not to support the report. She suggested the majority vote may have been improperly used.
The Economic Freedom Fighters has also responded to the ruling. It described any attempt by President Cyril Ramaphosa to pursue a judicial review of the Section 89 Independent Panel Report as a “desperate litigation strategy”. The party maintains that the Constitutional Court has already found Parliament acted unlawfully in blocking the process and insists that an impeachment inquiry must now proceed.