The Constitutional Court is set to hear arguments from the Economic Freedom Fighters (EFF) on Tuesday regarding Parliament’s decision to forgo an impeachment investigation into President Cyril Ramaphosa over the Phala Phala matter.
In this case, the EFF is challenging the president’s accountability for alleged criminal conduct, taking action against Ramaphosa, the National Assembly, and the African National Congress (ANC).
The party argues that Ramaphosa should be held responsible for his involvement in the February 2020 break-in at his Phala Phala game farm. The National Assembly had previously dismissed a motion from the African Transformation Movement (ATM) to remove Ramaphosa from office in December 2022.
The House also rejected a report by an independent panel, chaired by retired Chief Justice Sandile Ngcobo, which suggested that Ramaphosa may have violated the Constitution and needed to be held accountable for the Phala Phala incident.
Several investigations have been conducted into whether Ramaphosa committed any crimes in connection with the break-in, including probes by the Reserve Bank and the Public Protector. However, the findings of the Ngcobo panel stand out because, despite being rejected by Parliament, they were vigorously contested by Ramaphosa in the Constitutional Court.
The president challenged the panel’s interpretation of the facts and the charges against him, arguing that the panel had overstepped its bounds by directly involving the court after Parliament had already rejected the impeachment motion.
With the EFF’s legal challenge, the issue of presidential impeachment is now again before the Constitutional Court, which could set an important precedent for the legal interpretation of impeachment procedures for sitting presidents.
The EFF maintains that Parliament can only reject the findings of an independent panel on solid legal grounds after it has established sufficient reasons for impeachment. This case could also redefine the criteria for holding a sitting president accountable.
During a speech at the Gauteng Provincial Assembly, EFF leader Julius Malema accused Ramaphosa of corruption and warned against tolerating his unaccountability, asserting that it would jeopardize the country’s future. Malema also pledged to lead mass protests in response to the handling of the Phala Phala scandal.
The EFF is also preparing for its upcoming elective conference in Johannesburg next month, and plans to brief the media on Monday about their preparations.
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