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ConCourt Phala Phala judgment: Is this the end of the road for Cyril Ramaphosa?

Simon Majadibodu|Updated

President Cyril Ramaphosa is likely to retain the backing of his coalition partners regardless of the outcome of the Constitutional Court’s highly anticipated Phala Phala judgment, according to Al Jama-ah leader Ganief Hendricks.

Image: Itumeleng English/Independent Newspapers

Leader of Al Jama-ah and Deputy Minister of Social Development Ganief Hendricks has revealed that parties in the Government of National Unity (GNU) will stand by President Cyril Ramaphosa, regardless of Friday’s Constitutional Court ruling in the Phala Phala matter.

The apex court is expected to deliver judgment on whether Parliament acted lawfully when it rejected a Section 89 panel report recommending an impeachment inquiry against Ramaphosa over the controversial Phala Phala saga.

The incident dates back to February 2020, when approximately $580,000 - about R8 million at the time - was allegedly stolen from a sofa during a break-in at the president’s Limpopo farm.

The legal challenge was brought by the Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM), which argue that Parliament acted irrationally and unconstitutionally in rejecting the panel’s findings.

The EFF has repeatedly criticised the delay in the judgment, arguing that it far exceeds the judiciary’s guideline that rulings should generally be delivered within three months unless exceptional circumstances apply.

The party has also staged protests outside the Constitutional Court.

The matter, heard on November 26, 2024, centres on the EFF’s attempt to revive the Phala Phala saga.

The party approached the court to challenge Parliament’s December 2022 decision not to adopt the Section 89 panel report, which found that Ramaphosa may have a case to answer.

The protests followed a letter from EFF leader Julius Malema to Chief Justice Mandisa Maya demanding clarity on what the party described as an “unacceptable delay”.

Malema warned that the prolonged wait risked eroding public confidence in the judiciary and weakening constitutional accountability.

Section 89 of the Constitution outlines the process for the removal of a president by the National Assembly on grounds of a serious violation of the Constitution or the law, serious misconduct, or inability to perform official functions. The process requires a two-thirds majority vote.

A report chaired by retired Chief Justice Sandile Ngcobo found there was sufficient evidence for Parliament to consider establishing an impeachment inquiry.

In December 2022, Parliament voted against adopting the Section 89 report, which found that Ramaphosa may have a case to answer.

Meanwhile, as the Constitutional Court prepares to deliver its highly anticipated judgment, critics have questioned the silence of GNU parties on the matter.

The GNU was formed after the May 2024 general elections, in which the ANC failed to secure an outright majority for the first time since the advent of democracy in 1994.

The result forced the ANC to form a coalition government at national level with former rivals.

The GNU is made up of 10 political parties led by the ANC, including the DA, FF Plus, Inkatha Freedom Party (IFP), Patriotic Alliance (PA), GOOD Party, Rise Mzansi, Al Jama-ah, United Democratic Movement (UDM) and the Pan Africanist Congress (PAC).

However, parties in the GNU that were previously vocal about the Phala Phala matter have largely remained silent ahead of the ruling.

IOL News approached the parties for comment on the potential political implications of the judgment, particularly because it involves Ramaphosa, who leads the GNU.

Many declined to comment.

“The DA will only comment after the judgement has been delivered," DA national spokesperson Jan de Villiers told IOL News.

”The GOOD Party will not comment until after the judgement,” the party’s media unit 

As the Constitutional Court prepares to deliver its long-awaited Phala Phala judgment, Al Jama-ah leader Ganief Hendricks says GNU partners are determined to keep President Cyril Ramaphosa in office.

Image: IOL Graphics / Shaakirah Lagadien

Rise Mzansi spokesperson Mabine Seabe said: “We await the judgement by the Constitutional Court.”

While several parties avoided directly answering questions, Hendricks openly said that GNU parties would back Ramaphosa.

Asked about the potential repercussions Ramaphosa could face depending on the outcome of the judgment, Hendricks said, “He will offer to step aside but (the) ANC will bite the bullet.”

He said Al Jama-ah would be guided by the ANC “in terms of our bilateral relationship of 15 years” if the ruling raised serious concerns about Ramaphosa’s conduct.

Hendricks further revealed that GNU parties would support the president.

“GNU partners will stand with Ramophosa. We would want him to serve his full term,” he told IOL News.

He was responding to a question about whether GNU partners would consider applying pressure on the president to step down and whether they would support or oppose any move toward impeachment proceedings.

Meanwhile, the ANC, Patriotic Alliance, IFP, UDM and FF Plus did not respond to questions from IOL News before publication.

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