Parliament: Impeachment Proceedings Reopened Against President Ramaphosa

Parliament instructed to impeach Ramaphosa over Phala Phala following a historic and long-awaited judgment from the Constitutional Court that has effectively reset the political clock to December 2022. Earlier today, Chief Justice Mandisa Maya delivered a ruling that is being described as a “legal earthquake,” dismantling the African National Congress (ANC) majority’s previous efforts to shield the President from accountability.

The apex court found that the National Assembly’s decision to block the Section 89 Independent Panel report was not only flawed but constitutionally invalid. For Cyril Ramaphosa, the man who has spent the last two years attempting to put the “farmgate” scandal behind him, the specter of impeachment has returned with newfound judicial force.

The Constitutional Court’s Historic Mandate

The judgment, which took more than 500 days to be delivered following the initial hearing in November 2024, began with a rare and somber moment. Chief Justice Maya opened the proceedings by taking full responsibility for the “severe delay” in the court’s decision-making process, offering an apology to the nation for the judicial bottleneck. However, once the legal findings were read, the apology was quickly overshadowed by the severity of the order.

The Constitutional Court ruled that the December 2022 vote in the National Assembly—where the ANC used its then-majority of 214 votes to 148 to kill the Section 89 report—was “irrational, invalid, and inconsistent with the Constitution.” The court argued that Parliament failed in its primary duty to hold the executive accountable by dismissing a report that suggested prima facie evidence of serious misconduct without a proper inquiry.

Rule 129 and the New Instruction

The court did not merely criticize the previous vote; it issued a direct instruction. Parliament has been ordered to:

1. Amend Rule 129 of the National Assembly’s rules, which governs the removal of a President, to ensure that reports from independent panels cannot be dismissed through a simple majority vote before a full committee inquiry.

2. Refer the Section 89 report directly to a newly constituted impeachment committee.

Essentially, Parliament instructed to impeach Ramaphosa over Phala Phala means that the legislative branch no longer has the option to look the other way. The legal mechanisms of the state have mandated an inquiry that the ANC previously managed to bypass.

The Phala Phala Refresher: Why This Matters

To understand the weight of this ruling, one must revisit the humid night in February 2020 at the Phala Phala game farm in Limpopo. The scandal, which was first brought to light by former spy boss Arthur Fraser, centers on the theft of an estimated $580,000 (approximately R9.6 million at the time) that was allegedly stashed inside a leather sofa.

The Section 89 Independent Panel, led by retired Chief Justice Sandile Ngcobo, previously found that the President might have committed:

• A serious violation of the Constitution by involving himself in paid work outside his presidential duties.

• A violation of the Prevention and Combating of Corrupt Activities Act (PRECCA) by failing to report the theft to the South African Police Service (SAPS) through official channels.

• Misconduct regarding the alleged use of state security resources to track down the thieves and the money “off the books.”

“The President has a case to answer. The findings of the Ngcobo panel were not a final verdict of guilt, but they were certainly a signal that a formal inquiry was mandatory. Today, the court has confirmed that you cannot use a political majority to silence a legal necessity.” — Legal Analyst perspective.

Political Shockwaves: The Government of National Unity (GNU) in Crisis

This ruling arrives at a time of delicate political balance. Unlike in 2022, the ANC no longer holds an outright majority in Parliament. The current Government of National Unity (GNU) is a fragile coalition that relies on cooperation between the ANC, the Democratic Alliance (DA), and several smaller parties.

The Applicants’ Victory: EFF and ATM

The legal challenge was spearheaded by the Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM). Outside the court today, Julius Malema was seen celebrating with supporters, framing the judgment as a total vindication of the EFF’s “accountability” crusade. The EFF has already drafted a formal letter to the Speaker of the National Assembly demanding an immediate timeline for the constitution of the impeachment committee.

The DA’s Delicate Position

For the Democratic Alliance, this ruling is a political minefield. Having backed Cyril Ramaphosa for a second term as part of the GNU agreement, the party must now decide between coalition stability and its long-held principle of the “rule of law.”

Newly elected DA leader Geordin Hill-Lewis released a statement shortly after the judgment:

“The DA respects the rule of law above all else. We will participate fully and constructively in the impeachment committee. We will be guided by the facts, and let it be known: the DA will never be a party to protecting misconduct or covering up corruption, regardless of our position in the GNU.”

The ANC’s Defensive Reflection

The ANC, meanwhile, is in damage-control mode. Spokesperson Mahlengi Bhengu stated that the party “respects the judgment” and will “take time to reflect” on its implications. Behind closed doors, however, the party is likely scrambling to ensure that the impeachment committee does not become a platform for a permanent political execution of the President.

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What the Impeachment Committee Will Look Like

Because Parliament instructed to impeach Ramaphosa over Phala Phala, the focus now shifts to the mechanics of the National Assembly. Unlike the previous Section 89 panel, which was a small group of legal experts, the forthcoming impeachment committee will consist of Members of Parliament from across the political spectrum.

South African Mainstream Media References

1. News24 – Constitutional Court ruling revives Phala Phala impeachment process against Ramaphosa
2. SABC News – Constitutional Court finds Parliament acted irrationally in Phala Phala vote
3. Independent Online (IOL) – Parliament compelled to establish impeachment committee over Phala Phala

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