Arthur Fraser: ‘We are all equal before the law’ as he awaits Constitutional Court ruling on Phala Phala case

Former head of State Security Agency Arthur Fraser says he is hoping that the Constitutional Court will uphold the principle of equality before the law in its ruling on the Phala Phala matter on Friday. Former head of the State Security Agency, Arthur Fraser, who filed a criminal complaint against President Cyril Ramaphosa about the alleged cover-up following a burglary at Phala Phala farm in 2020, says he is expecting that the Constitutional Court (Concourt) will reinforce the foundational tenet that all individuals are equal before the law during its ruling on Friday. The Concourt is expected to rule on the rationality of theNational Assembly’srejection of the Section 89 Independent Panel Report in December 2022.

The case focuses on whether Parliament acted constitutionally and rationally when it voted 214 to 148 against adopting the report, which had found prima facie evidence that Ramaphosa may have violated his oath of office. The EFF and African Transformation Movement (ATM) argue that the rejection was irrational and an attempt to shield Ramaphosa. On the other hand, the National Assembly maintains it acted within its discretionary powers and that courts should not interfere with internal parliamentary decisions, upholding the separation of powers. The panel report, led by retired Chief Justice Sandile Ngcobo, was released in November 2022 and concluded thatthere was prima facie evidencethat Ramaphosa may have committed serious violations of the Constitution and the law, justifying an impeachment inquiry.