Constitutional Court declares Parliament’s Phala Phala vote unconstitutional and invalid

The Constitutional Court has declared parliament's 2022 decision to reject an independent panel report into the Phala Phala farm scandal unconstitutional and invalid, potentially reviving impeachment proceedings against President Cyril Ramaphosa.

Acting Chief Justice Mandisa Maya set the National Assembly's vote aside and referred the Section 89 panel report back to the impeachment committee, reopening the possibility of formal proceedings under Section 89 of the Constitution.

The ruling comes after the Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM) challenged parliament's handling of the report. In December 2022, the National Assembly voted 214 to 148 against adopting the findings of the independent panel, chaired by former Chief Justice Sandile Ngcobo, which had concluded there was prima facie evidence that Ramaphosa may have committed serious misconduct and violated his oath of office.

The Phala Phala scandal dates back to February 2020, when thieves allegedly broke into Ramaphosa's private game farm in Limpopo and stole between $400,000 and $580,000 in foreign currency, money the president said was proceeds from the sale of buffalo. Questions were raised over the handling of the undeclared cash, the delayed police report, and the involvement of state security officials in the recovery effort.

While Ramaphosa was cleared by the Public Protector and the South African Reserve Bank on related ethics and exchange-control complaints, the independent panel found grounds for further parliamentary scrutiny under the impeachment provisions of the Constitution.

Political parties have welcomed the Constitutional Court judgment on the Phala Phala matter, describing it as a major victory for democracy and constitutional accountability.

Julius Malema said the Constitution has won, with the EFF calling for the impeachment process against Cyril Ramaphosa to begin immediately.

Meanwhile, the ATM said the ruling restores the proper accountability process required under South Africa’s Constitution. It further emphasises that the judgment is not a finding of guilt against Ramaphosa, but rather a reaffirmation that no President, political party, or institution is above the Constitution.

ActionSA said the ruling setting aside the National Assembly vote on Phala Phala is a significant victory for democracy.

Build One South Africa (BOSA) described the judgment as a victory for constitutional accountability and the rule of law, saying it reinforces the principle that no one is above the law, including the President and Parliament itself.