South Africa’s Economic Freedom Fighters (EFF) will march to the Constitutional Court on 28 November to demand the release of a judgment on President Cyril Ramaphosa’s Phala Phala farm scandal, nearly a year after the court heard the case.

The Constitutional Court heard the matter on 26 November 2024, but has not yet issued its judgment nearly a year later.

The opposition party has scheduled the protest to begin at 10:00 local time (08:00 GMT) from Mary Fitzgerald Square in Newtown, Johannesburg, ending at the Constitutional Court on Constitutional Hill in Braamfontein.

The EFF is challenging Parliament’s December 2022 decision to reject an independent panel’s findings that recommended impeachment proceedings against Mr Ramaphosa over the theft of $580,000 (£457,000) from his Phala Phala farm in February 2020.

An independent panel chaired by former Chief Justice Sandile Ngcobo found prima facie evidence that Mr Ramaphosa may have violated the Constitution. However, the African National Congress (ANC) used its parliamentary majority to vote against adopting the report, with 214 votes against 148 in favour.

“The failure by the Constitutional Court to provide this judgment and determine whether Parliament’s decision was lawful gives the impression that the President of the Republic is untouchable,” the EFF said.

Allegations of judicial capture

The party has accused the court of contributing to a perception that the president is above the law.

“The continued and inexplicable withholding of the Phala Phala judgment gives credence to suspicions that our judiciary is captured,” the EFF said in a statement.

The Phala Phala controversy emerged in June 2022 when former State Security Agency Director-General Arthur Fraser filed a criminal complaint alleging that foreign currency was concealed in furniture at the president’s Limpopo game farm.

Mr Ramaphosa has maintained the money came from a legitimate buffalo sale to a Sudanese businessman. He has not been charged with any crime, and multiple investigations by the Reserve Bank, South African Revenue Service, and the Public Protector found no wrongdoing.

Court arguments and delays

During the November 2024 hearing, the president’s lawyers argued the EFF had “unreasonably delayed” bringing the case and that the independent panel failed to properly assess whether sufficient evidence existed for an impeachment investigation.

EFF leader Julius Malema told supporters outside the court that the party would win the case. “We are going to win this case against Ramaphosa and we will call him back in Parliament and start an impeachment process,” he said, according to Newzroom Afrika.

The EFF is asking the Constitutional Court to set aside Parliament’s vote and either substitute it with a decision to initiate impeachment proceedings or refer the matter back to Parliament for a fresh vote.

The party has also challenged the constitutionality of parliamentary rules governing impeachment, arguing they allow political abuse by a majority party.

Pattern of delays

Research from the University of Cape Town has shown that between 2010 and 2021, the time the Constitutional Court took to hand down judgments effectively doubled.

Chief Justice Mandisa Maya, who presided over the Phala Phala hearing, reserved judgment without indicating when a ruling would be issued. Constitutional Court judgments typically take weeks to months to deliver.

The EFF said it would continue demanding accountability and transparency, insisting the judiciary must not be complicit in what it describes as “executive impunity”.

Mr Ramaphosa was re-elected for a second term in June 2024 with the support of coalition partners, including the Democratic Alliance. Any revival of impeachment proceedings would require support from parties beyond the EFF and the African Transformation Movement, which joined the constitutional challenge.