By Malcom Hlongwane |
The Constitutional Court has delivered a major victory for the African Transformation Movement (ATM), the Economic Freedom Fighters (EFF), and opposition parties after ruling that the National Assembly acted unlawfully when it dismissed calls for an impeachment inquiry into President Cyril Ramaphosa over the Phala Phala scandal.In a unanimous judgment delivered by Chief Justice Mandisa Maya, the country’s highest court ruled that Parliament failed in its constitutional duty by rejecting the Section 89 independent panel report in 2022 without a proper inquiry.
The ATM and EFF had approached the Constitutional Court after Parliament voted against adopting the report, which found that President Ramaphosa may have questions to answer regarding the theft of foreign currency from his Phala Phala farm.The court ruled that the National Assembly’s decision to block further investigation was unconstitutional and invalid.
Chief Justice Maya said Parliament has a responsibility to hold the executive accountable and cannot use party majorities to avoid proper oversight when serious allegations exist.The judgment means Parliament must now reconsider the Section 89 panel findings and establish a formal impeachment inquiry into the President’s conduct.
The ruling places renewed pressure on Ramaphosa, who has faced criticism from opposition parties accusing the ANC of protecting him from accountability. The court stressed that while Parliament has the authority to decide whether a president should be removed from office, it cannot ignore credible allegations without following due constitutional processes.
Political analysts say the judgment could reopen intense political battles within the Government of National Unity and place the Phala Phala controversy back at the centre of national debate.
The Speaker of the National Assembly is now expected to table the matter before Parliament again in line with the Constitutional Court ruling.
Email: Malcom onenews.co.za
