IN PICS | ConCourt Phala Phala judgement

The Constitutional Court has set aside the National Assembly vote taken on December 13 2022 which rejected the recommendation that the report of the independent Phala Phala panel be referred to an impeachment committee. The judgment delivered on Friday, found Rule 129(i)(b) of the National Assembly rules was inconsistent with the constitution and invalid. EFF leader Julius Malema walked out of court in Braamfontein a very happy man after the party’s victory in its bid to refer the Phala Phala matter back to parliament as chief justice Maya handed down the judgment.

Malema said he was eagerly awaiting state institutions that cleared President Cyril Ramaphosa to be exposed. “All of that nonsense that was said by the Reserve Bank, the South African Revenue Service and the public protector — it will all be exposed that they were using those institutions to protect an individual and not the constitution of the country.” The court ruled the National Assembly’s impeachment process failed constitutional muster because MPs were permitted to terminate proceedings even after an independent panel had found sufficient evidence that the president may have committed serious violations warranting further investigation. The judgment effectively removes parliament’s discretion to halt impeachment proceedings.

Ramaphosa has pledged his full co-operation with constitutional processes after the Constitutional Court ruled that parliament must refer the section 89 independent panel’s Phala Phala report to animpeachment committee— reviving accountability proceedings that had been effectively shelved. The Presidency said Ramaphosa “respects the Constitutional Court’s judgment” and “reaffirms his commitment to the constitution, the independence of the judiciary and the rule of law”.