The Economic Freedom Fighters (EFF) has scored a major legal victory in the controversial Phala Phala matter after the Constitutional Court ruled that Parliament acted unlawfully in its handling of the process involving President Cyril Ramaphosa.
Delivering judgment in Braamfontein, Chief Justice Mandisa Maya said Rule 129 of the National Assembly Rules is inconsistent with the Constitution and therefore invalid.
The apex court also declared the National Assembly’s vote on the independent panel report unconstitutional and invalid.
“The National Assembly acted unlawfully,” Maya said while handing down judgment.
The ruling effectively sets aside Parliament’s previous decision not to proceed with an impeachment inquiry linked to the Phala Phala scandal.
Maya said the matter must now be referred to an impeachment committee for further proceedings.
“The process must comply with constitutional requirements,” she said.
The ANC says it respects the Constitutional Court’s ruling, despite admitting that the judgment is a setback for the governing party.
ANC spokesperson Mahlengi Bhengu said the party remains committed to the democratic process.
“We respect the judgment of the Constitutional Court and will study its implications,” Bhengu said.
She added that the ANC believes constitutional institutions must be respected at all times.
The judgment is expected to have major political implications for both Parliament and the ANC, as lawmakers will now have to revisit the handling of the Phala Phala matter.
The Phala Phala controversy relates to the theft of foreign currency from President Ramaphosa’s game farm in Limpopo in 2020. Opposition parties have long argued that Parliament failed to properly exercise oversight in dealing with the matter.
