Staff Reporter
CONSTITUTIONAL Court of South Africa has ruled that the South African Parliament’s decision to reject the Section 89 Independent Panel Report into the Phala Phala scandal was unconstitutional, reopening the possibility of impeachment proceedings against President Cyril Ramaphosa.
Delivering judgment on today, Chief Justice Mandisa Maya set aside the National Assembly’s 13 December 2022 decision, in which lawmakers voted 214 to 148 against adopting the report.
The independent panel had found prima facie evidence suggesting that Ramaphosa may have violated his oath of office in connection with the Phala Phala matter.
The Constitutional Court found that Section 89 of the South African Constitution places clear obligations on Parliament to ensure executive accountability.
In the majority judgment, Maya, alongside Acting Deputy Chief Justice Madlanga and Justices Theron and Rogers, ruled that Rule 129A — which allowed Parliament to terminate impeachment proceedings at a preliminary stage — was unconstitutional because it prevented full engagement with the merits of the case and undermined accountability.
The court further found that Parliament’s vote was influenced by a material error of law and therefore could not stand.
The matter has now been referred back to Parliament’s impeachment committee, reopening the possibility of Section 89 impeachment proceedings against Ramaphosa.
A separate judgment by Justices Kollapen, Mathopo, Jafta and Acting Justice Sigcau differed in its interpretation, arguing that Parliament’s obligations under Section 89 were limited to developing rules and that decisions on impeachment remained within Parliament’s discretion.
The case stems from the February 2020 burglary at Ramaphosa’s Phala Phala Game Farm, where a large amount of foreign currency, reportedly about US$580,000, was allegedly stolen from furniture at the president’s private residence.
Photos: Contributed
