In ordering parliament to start impeachment processes against Ramaphosa, the Constitutional Court’s ruling on Phala Phala exposes the ANC’s chicanery of four years ago
In ordering parliament to start impeachment processes against Ramaphosa , the Constitutional Court ’s ruling on Phala Phala exposes the ANC’s chicanery of four years agoShare current article via TwitterChief Justice Mandisa Maya delivers the Phala Phala case judgment at the Constitutional Court .
The date on which the Constitutional Court delivered its groundbreaking judgment on parliament’s handling of the Phala Phala matter, May 8, is remarkable — it was on the same day 30 years ago that the National Assembly adopted our constitution. The judgment emphatically reaffirmed the authority of the constitution in holding organs of state such as parliament and the executive to account.
The Constitutional Court on Friday set aside a December 2022 decision of the national legislature, at the behest of ANC MPs, to vote against a report of the section 89 panel led by former chief justice Sandile Ngcobo on the Phala Phala saga. The three-member independent panel had found that there was a prima facie case against President Cyril Ramaphosa over the stash of more than $500,000 in a couch at his Phala Phala farm in Limpopo, the existence of which was revealed by Arthur Fraser in 2022.
Fraser accused Ramaphosa of having tried to cover up the theft of the money two years earlier. Ngcobo’s panel recommended that the matter be referred to an impeachment committee for further probing. Instead, the committee voted against the panel report, a decision that the Constitutional Court set aside, calling it “inconsistent” and “invalid”. The court also declared the National Assembly’s rule 129 I, which MPs relied on in making their decision, was in breach of the supreme law.
It ordered the legislature to amend the rule. This will have serious implications for Ramaphosa, and the ANC, should the impeachment committee agree with the panel and make adverse findings against him. This will be unprecedented, as a sitting president would have to appear before MPs during an investigation. Politically, the judgment will damage Ramaphosa and his ANC brand, with local government elections looming in November.
Politically, the judgment will damage Ramaphosa and his ANC brand, with local government elections looming in November Opposition parties such as the EFF, which challenged the now illegal vote of December 2022, are already baying for Ramaphosa’s blood, celebrating that Phala Phala is firmly back on the agenda of parliament. But the development represents a strong endorsement of South Africa’s constitutional state, as it affirms that everyone is equal before the law.
The judgment demonstrates that simple parliamentary majoritarianism can never trump the constitution, teaching ANC MPs that they ought to take the constitutional mandate of holding the executive accountable much more seriously, instead of being guided by blind party loyalty. For his part, the president has pledged to fully co-operate with the upcoming parliamentary probe. But there may be serious ramifications for the future of the GNU and the country in general.
When it pushed through its vote against the section 89 report four years ago, the ANC had an outright majority. This time it’s a different ball game, as it’s not guaranteed the support of all its GNU partners, especially the biggest, the DA. The DA has committed to protecting constitutionalism and accountability and will be guided by evidence presented to the impeachment committee before it comes to a verdict.
However, it will be some time before the impeachment committee starts its work in earnest, as National Assembly Speaker Thoko Didiza has a long list of boxes to tick before the committee is constituted. Hopefully the legislature, its dereliction of duty exposed by the Constitutional Court, does not bungle the process this time around. The stakes are high, and it’s going to be a bumpy road ahead.
Phala Phala Impeachment Parliament Ramaphosa Constitutional Court
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Phala Phala case poses crucial test for the Constitutional Court’s authorityThe Phala Phala case is set to challenge the power dynamics of South Africa’s Constitutional Court, raising critical questions about executive accountability and the future of democracy in the nation.
Read more »
Constitutional Court Orders Parliament to Reopen Phala Phala Impeachment Inquiry Against President RamaphosaSouth Africa’s Constitutional Court has ruled that Parliament acted unlawfully in blocking an impeachment inquiry into President Cyril Ramaphosa over the Phala Phala scandal, ordering the National Assembly to reconsider the Section 89 Independent Panel report. The landmark decision, favoring the EFF, could reignite a full-scale impeachment process against the president, with significant implications for the country’s political stability and governance under the Government of National Unity.
Read more »
EFF demands an immediate impeachment committee against Ramaphosa after Constitutional Court Phala Phala rulingThe party says parliament must immediately establish an impeachment committee to consider the panel’s findings on President Cyril Ramaphosa
Read more »
Ramaphosa responds to Constitutional Court ruling on Phala Phala matterPresident Cyril Ramaphosa has accepted the Constitutional Court's judgment on the Phala Phala matter, which found Parliament's vote unconstitutional. The court ordered the independent panel's report to be referred to an impeachment committee. Ramaphosa reaffirms his commitment to the Constitution and the rule of law, while the ANC pledges to respect judicial decisions.
Read more »