“Malema: ‘We won’t let Ramaphosa urinate on the Constitution’”

The Economic Freedom Fighters held a protest at the Constitutional Court on Friday to demand the release of the Phala Phala judgment report. Members and supporters of the party wearing red T-shirts marched peacefully from Mary Fitzgerald Square to the home of the highest court in the country despite cold weather and steady rain. The march formed part of the EFF effort to pressure the court to release its ruling on the party’s legal challenge related to Parliament’s decision not to adopt the Section 89 panel report on the Phala Phala matter.

The EFF is calling on the Constitutional Court to release its judgment on the case brought by the party and by the African Transformation Movement (ATM). The applicants argue that Parliament acted incorrectly when it voted against adopting the independent panel report that suggested there may be a case for President Cyril Ramaphosa to answer regarding the Phala Phala scandal.

The Phala Phala issue became public in 2020 when allegations surfaced that foreign currency had been stolen from President Ramaphosa’s farm. The allegations prompted inquiries by several state institutions and resulted in the establishment of an independent panel led by former Chief Justice Sandile Ngcobo. The purpose of the panel was to examine the circumstances of the incident and to determine whether the President had a case to answer.

The Ngcobo report was released in November 2022 and indicated that further action could be justified. The ATM then sought judicial clarity on Parliament’s handling of the report. The matter went before the Constitutional Court and has remained unresolved for more than a year as the judgment has not yet been handed down.

EFF leader Julius Malema addressed the large crowd gathered outside the court. He told supporters that impeachment was the strongest form of accountability available to Parliament. Malema said, “Impeachment is the highest form of discipline when you discipline a judge and when you discipline a president.” He told the crowd that a vote of no confidence would allow a president removed from office to continue receiving benefits for life. Malema said, “If a vote of no confidence removes Ramaphosa he is going to get his salary and benefits for the rest of his life.”

Malema said that the EFF believed that impeachment was the appropriate process. He said, “But if we impeach him, impeachment means he will be removed as a president and he loses all the benefits including the salary. That is what we want. With this man he has eaten enough. He cannot go home and still eat our money. He must go home empty handed and continue to eat his dollars outside the office of the president and outside the government of the Republic of South Africa.”

Malema told the crowd that no individual was above the Constitution. He said, “There is nothing personal. Everything is constitutional. We are talking about us because that Constitution is a reflection of all of us.” He said the Constitution represented the sacrifices of young people who died in the struggle. He told supporters, “That Constitution comes from the blood of Solomon Mahlangu and Chris Hani and many others who died before we are here now.”

Malema then said, “We will not allow Ramaphosa to urinate on the Constitution of the Republic of South Africa that came out of the killing of our own young people. Fighters let us remain disciplined. We are going to lead this struggle.”

He urged supporters in Gauteng to keep consistent pressure on the Constitutional Court. Malema said that since the court was located in Gauteng, supporters in the province should mobilise regularly to demand that the judgment be released. He said, “If they are used to business as usual it is not going to be business as usual. The EFF is here to make sure that everybody does his or her job.”

Malema criticised the delay in handing down the judgment. He pointed to timelines set for lower courts and said the Constitutional Court should lead by example. Malema said, “Those are the standards that this court has set for the lower court. How do you say those who fall under you after three months must release their judgment when the matter is concluded but you can take the whole year.” He went on to say, “If you say the lower courts can take three months you must take two months to show them that you are leading by example and they must follow your example. Justice delayed is justice denied.”

The EFF leader ended the march with the chant known as “shoot to kill,” which has resulted in different legal outcomes in various courts over the years.

Public reaction continued online as South Africans debated the reasons for the long delay in releasing the ruling. One user wrote, “Mara Vele why is the Constitutional Court taking more than a year to deliver the Phala Phala judgment.” Another user commented, “Mkhwanazi told us about the corruption that is happening in the judiciary and we must also remember Ankole does not lose a case in the court of law.”

On Thursday the uMkhonto weSizwe Party also criticised the judiciary for the delay. The party said that a matter of such national interest should not remain unresolved for such a long time.

The EFF said it would continue to demand the release of the judgment until the Constitutional Court delivered it. The crowd dispersed peacefully after the address.