South Africa’s Top Court Reserves Phala Phala Judgment

November 26, 2024
South Africa's Constitutional Court building in Johannesburg where the Phala Phala case was heard
South Africa's Constitutional Court building in Johannesburg where the Phala Phala case was heard

South Africa’s Constitutional Court has reserved judgment on the Economic Freedom Fighters’ (EFF) challenge to Parliament’s decision not to pursue an impeachment inquiry into President Cyril Ramaphosa’s Phala Phala farm scandal.

The opposition party wants the court to overturn Parliament’s rejection of an impeachment probe into the 2020 break-in at Ramaphosa’s game farm, where large sums of undeclared foreign currency were allegedly concealed.

“The EFF is wrong to say Ramaphosa has not been held accountable,” argued the president’s lawyer, Advocate Geoff Budlender, criticising the opposition for delayed action on the matter.

Parliament’s counsel, Advocate Andrew Breitenbach, defended the legislature’s authority to determine executive accountability. “Parliament must decide whether or not it agrees with the panel’s advice that enough evidence exists,” he told the court.

The African National Congress (ANC), through Advocate Tembeka Ngcukaitobi, dismissed claims that ruling party MPs were pressured to protect Ramaphosa. “There’s no evidence,” he stated, maintaining that parliamentarians acted appropriately.

EFF leader Julius Malema has vowed to keep pursuing the matter, declaring the Phala Phala issue “will never die” as long as his party holds parliamentary seats.

The case stems from findings by a panel led by former Chief Justice Sandile Ngcobo, which concluded there was sufficient evidence to warrant an impeachment investigation. Both the Reserve Bank and Public Protector have conducted separate investigations into the scandal.