South Africa’s long-running political and legal dispute over the Phala Phala scandal has entered a new phase after the Economic Freedom Fighters (EFF) appealed directly to the Constitutional Court to revive Parliament’s impeachment inquiry into President Cyril Ramaphosa.
The appeal follows last week’s Western Cape High Court ruling that temporarily halted the Section 89 impeachment process while Ramaphosa seeks a judicial review of an independent panel’s findings.
The EFF, joined by the African Transformation Movement (ATM), argues that Parliament should be allowed to complete its constitutional oversight responsibilities without judicial interference.
According to court papers, the party maintains that the independent panel’s 2022 report remains legally valid because no court has declared it unlawful or set it aside. As a result, it says the parliamentary committee responsible for considering impeachment should continue its work.
Julius Malema, leader of the EFF, argued that the committee is entitled to rely on the panel’s findings until a court reaches a different conclusion. He further contended that the High Court failed to properly consider whether Ramaphosa’s review application has any reasonable prospect of success.
EFF argues Parliament’s powers should not be interrupted
Central to the appeal is the constitutional principle of separation of powers.
The EFF argues that Section 89 of the Constitution gives Parliament the exclusive authority to determine whether a sitting president should be removed from office. In its view, courts should only become involved after Parliament has completed its constitutional mandate rather than stopping the accountability process midway.
The party believes the High Court’s decision has effectively suspended Parliament’s oversight function and created uncertainty around the impeachment committee’s future work.
The Section 89 committee is expected to meet to consider the implications of the ruling while awaiting further legal developments.
Ramaphosa maintains innocence as legal process continues
President Ramaphosa has consistently denied any wrongdoing in connection with the Phala Phala matter.
He said his application before the High Court is not intended to frustrate Parliament’s work but rather to challenge what he considers to be flaws in the independent panel’s report.
The president argues that the advisory panel relied on hearsay evidence and failed to follow proper legal procedures before concluding that he may have committed serious constitutional violations relating to the theft of foreign currency hidden at his Phala Phala game farm in Limpopo.
Ramaphosa has also argued that allowing the impeachment process to continue before the judicial review is concluded could cause unnecessary reputational harm and prejudice.
The Western Cape High Court is scheduled to hear the review application between 2 and 4 September.
Although the independent panel concluded there was sufficient evidence for Parliament to investigate possible constitutional breaches, Ramaphosa points to separate investigations by the South African Revenue Service (SARS) and the South African Reserve Bank (SARB), both of which found no evidence that he violated South African law.
The Constitutional Court’s response to the EFF’s appeal, together with the outcome of the High Court review proceedings, is expected to play a significant role in determining whether Parliament’s impeachment inquiry can resume.
Source: IOL