Phala Phala ruling: EFF hails ConCourt judgment as ‘vindication of rule of law’

The Constitutional Court has ruled the National Assembly’s decision to block the Phala Phala impeachment process unconstitutional, reinstating the Section 89 report and igniting political tensions in South Africa. The Economic Freedom Fighters (EFF), who spearheaded the legal challenge, has welcomed the landmark ruling of the Constitutional Courtwhich declared the National Assembly’s previous decision to block the Phala Phala impeachment process unconstitutional, ordering the Section 89 report back to Parliament. The judgment, delivered on Friday by Chief Justice Mandisa Maya, found that Rule 129 (i) of the National Assembly, which allowed Parliament to vote against the adopting the findings of an independent Section 89 panel was invalid.

Consequently, the December 2022 vote that shielded President Cyril Ramaphosa from an impeachment inquiry has been rendered null and void. The Economic Freedom Fighters (EFF), who spearheaded the legal challenge, welcomed the judgment as a vindication of the rule of law. The party had long argued that the ANC used its then-parliamentary majority to “collapse” the Section 89 process and protect Ramaphosa from accountability.

“The EFF promised the people of South Africa from the very beginning that Phala Phala will never die,” the party said in a statement. “Today’s judgment confirms that truth. Despite all attempts by the ANC, Parliament, and captured state institutions to bury this scandal, constitutional accountability has prevailed.” EFF leader Julius Malema addresses party members outside the Constitutional Court on Friday.

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The EFF further alleged that institutions including the South African Revenue Service (SARS), the South African Reserve Bank (SARB), and the Office of the Public Protector had participated in “whitewashing” the scandal. Democratic Alliance (DA) Leader Geordin Hill-Lewis described the moment as “grave” for the Presidency and South Africa’s democracy. He confirmed that the DA would participate fully in the now-reinstated impeachment committee.

“The Court has now made clear that Parliament must correct its rules, and that the Section 89 report must proceed to an impeachment committee,” Hill-Lewis said. “We will not prejudge the outcome. But nor will we allow any person, no matter how high their office, to be placed above accountability.” Hill-Lewis emphasised that the judgment draws a clear line between the DA’s commitment to the Constitution and the ANC’s historical “political culture” of shielding leaders.

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