Court orders review of South African president’s impeachment block

The opposition Economic Freedom Fighters launched the case against Cyril Ramaphosa in 2022, seeking his removal from office over the “Phala Phala” scandal

South Africa’s Constitutional Court has ordered a review of the National Assembly’s 2022 decision to block impeachment proceedings against President Cyril Ramaphosa over alleged financial misconduct.

The ruling on Friday directs lawmakers to reconsider whether the National Assembly acted constitutionally in rejecting a parliamentary inquiry panel’s report.

The case stems from the so-called Phala Phala scandal, a 2020 burglary at Ramaphosa’s private game farm in Limpopo, where Ramaphosa claims that roughly $580,000 in foreign currency hidden in a couch was stolen. However, former spy boss Arthur Fraser alleged that the sum was in fact $4 million.

A Section 89 parliamentary panel concluded there was prima facie evidence suggesting the president may have a case to answer, including questions over his reporting and handling of the incident. In December 2022, the National Assembly voted against adopting the panel’s report, effectively halting the impeachment process.

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Opposition parties including the Economic Freedom Fighters (EFF) challenged the Assembly’s decision in the Constitutional Court, arguing lawmakers had failed to act on the panel’s findings. The apex court ruled that the vote to quash potential proceedings was inconsistent with constitutional requirements and must be set aside. However, it did not rule on the substance of the allegations and the order does not automatically remove Ramaphosa from office.

Ramaphosa has repeatedly denied wrongdoing, and state institutions, including the public protector, have not filed criminal charges. His legal team previously argued that the National Assembly acted within its powers.

The ruling comes amid a complex political landscape, with Ramaphosa’s African National Congress (ANC) governing in coalition alongside the Democratic Alliance (DA), South Africa’s second-largest party. The DA has welcomed the court’s order, saying it will “participate fully and constructively” in the Phala Phala impeachment committee.

“Those who hold the highest offices in the land must be held to the highest standards of honesty, transparency and accountability,” DA federal leader Geordin Hill-Lewis said in a statement.

EFF leader Julius Malema has also described the judgement as a win for South Africa’s constitution.

“It is very unfortunate for those other judges who wanted to defend an individual and then use the majority to suppress irrationality,” Malema told reporters. Malema was recently sentenced to five years in prison on firearms charges but remains free pending appeal.

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No South African president has ever been successfully impeached or removed from office under the 1996 Constitution, although attempts were made against former President Jacob Zuma.

In a statement on Friday, the South African Presidency said, “Ramaphosa respects the Constitutional Court’s judgment and reaffirms his commitment to the Constitution, the independence of the judiciary, and the rule of law.”