The Phala Phala case is set to challenge the power dynamics of South Africa’s Constitutional Court, raising critical questions about executive accountability and the future of democracy in the nation.
Image: Itumeleng English/Independent Newspapers
The judgment in the Phala Phala matter will define the boundaries of the Constitutional Court’s (Concourt) power to hold the executive accountable and its role as the ultimate arbiter of law.
This is according to the South African National Christian Forum (SANCF), which believes that this case is a definitive test for the Concourt.
The apex court is expected to rule on the rationality of the National Assembly’s rejection of the Section 89 Independent Panel Report in December 2022 on Friday.
The case focuses on whether Parliament acted constitutionally and rationally when it voted 214 to 148 against adopting the report, which had found prima facie evidence that President Cyril Ramaphosa may have violated his oath of office.
This follows a legal challenge by the EFF and the African Transformation Movement (ATM) regarding the decision to block an impeachment inquiry against Ramaphosa.
SANFC President Bishop Marothi Mashashane said that should the court fail to act with the blind impartiality promised by the “Lady of Justice”, this will not be the first time the poor are left behind by the law, adding that it will be a day of mourning for our democracy.
“It is with a heavy heart that we observe our current judicial landscape. While the Constitution suggests that ‘the law applies equally to all’, we have observed a disturbing trend where our justice system appears to have ‘eyes’ to see exactly who is standing before it.
“We see a judiciary that is often lion-like and unyielding toward the poor and marginalised, yet remarkably ‘rational’ and accommodating toward the politically powerful. Therefore, while the country waits in hope, we are grounded in the sobering reality of our times: we do not expect a fair or transformative judgment,” said Mashashane.
He added that if the court fails to uphold the Section 89 Independent Panel’s findings, it risks confirming the public's fear — that the highest court in the land is “found wanting” when asked to hold the highest office in the land accountable.
The matter began in June 2022 when former spy chief Arthur Fraser filed a criminal complaint alleging a cover-up of a 2020 burglary at the president’s Phala Phala farm, where approximately $580,000 (initially alleged to be $4 million) was stolen.
The case, challenging the National Assembly’s decision not to adopt the panel report, was heard in 2024.
This resulted in the Concourt being criticised for long delays in delivering a ruling on the EFF and ATM application, which seeks to compel Parliament to initiate an impeachment process against Ramaphosa.
Opposition figures, including EFF leader Julius Malema, accused the Concourt of stalling to protect the president, while the ATM alleged that the judiciary and law enforcement agencies are complicit in shielding the president, arguing that any ordinary citizen would have been treated differently under similar circumstances.
The Organisation Undoing Tax Abuse (OUTA) said that should the Concourt find that the National Assembly acted rationally and within its constitutional mandate when it rejected the panel’s findings, then the judgment should explain the legal and constitutional basis for that conclusion.
“If, however, the court finds that Parliament failed in its constitutional duty or acted irrationally, we would expect the judgment to outline the reasons for this finding and provide guidance — including possible timelines — to the Speaker and the National Assembly on the proper process to follow going forward. Such a process could ultimately include an impeachment inquiry and a vote,” said CEO Wayne Duvenhage.
Meanwhile, the public also pleaded with the court to reinforce the doctrine of equal justice under law.
Ntwane Mofokeng, a resident in Evaton, said the law must take its course, adding that Ramaphosa should be removed if found guilty.
“All I am praying for is for the law to take its course and stop failing us. Even those in higher positions should also feel the heat, and Ramaphosa should be an example,” said the 54-year-old.
Mandla Radebe, who works as a security officer, said Ramaphosa should be charged and found guilty.
The 57-year-old said the answers given by Ramaphosa previously are not convincing enough, adding that he should explain himself before the court.
“He must also be treated and held accountable like the rest of us. The public wants answers,” he said.