The Constitutional Court has found that the National Assembly acted unlawfully when it rejected the Section 89 Independent Panel report into President Cyril Ramaphosa’s Phala Phala matter.

The judgment was delivered on Friday morning at Constitutional Hill in Braamfontein.

The ruling means Parliament must properly process the report. It also reopens the possibility of a full impeachment inquiry into the President.

The case was brought by the Economic Freedom Fighters. The party challenged Parliament’s December 2022 decision to reject the panel’s findings.

What the Court Found

At the centre of the case was Rule 129 of the National Assembly’s impeachment procedures.

The EFF argued that the rule gave Parliament too much discretion. It said this allowed MPs to override the findings of an independent panel and block the purpose of the impeachment process.

The Constitutional Court agreed that Parliament’s decision was irrational and inconsistent with the Constitution.

In December 2022, MPs voted 214 to 148 against adopting the panel’s findings. That vote stopped the impeachment process from moving to a full inquiry.

Phala Phala Report Back in Focus

The Section 89 panel was chaired by former Chief Justice Sandile Ngcobo. It was tasked with deciding whether there was enough evidence for a full impeachment inquiry.

The panel found prima facie evidence that Ramaphosa may have committed serious constitutional violations.

The findings related to foreign currency stolen from his Phala Phala farm in Limpopo in February 2020.

Ramaphosa has maintained that the money was payment from Sudanese businessman Mustafa Mohamed Ibrahim Hazim for 20 buffalo.

The panel raised concerns about that explanation. It noted that the animals remained on the farm more than two years later and that no official tax records existed for the transaction.

What Happens Next

The matter now returns to Parliament.

MPs must reconsider the Section 89 panel report and decide whether the process should move to a full impeachment inquiry.

The political picture has also changed since the 2022 vote. The ANC no longer holds a majority in Parliament after the 2024 national election.

That means Ramaphosa’s political protection is no longer as straightforward as it was when the report was first rejected.

The ruling puts accountability, Parliament’s oversight role and the Phala Phala matter firmly back at the centre of national politics.