Leader of the Economic Freedom Fighters(EFF) Julius Malema, addresses the party's followers at the Constitutional Court.
Image: Itumeleng English / Independent Newspapers
Today marks a historic triumph for constitutional democracy, accountability, and the revolutionary struggle for a just South Africa. The Constitutional Court has ruled decisively in favour of the EFF’s application, together with our fellow applicants, setting aside Parliament’s irrational, corrupt, and unconstitutional decision to shield President Cyril Ramaphosa from the full consequences of the Phala Phala scandal. I am personally absolutely elated — my heart swells with joy and revolutionary pride.
This judgment is not merely a legal victory; it is a thunderous vindication of everything the EFF has stood for since the scandal first erupted in 2020. I was there when Arthur Fraser first took that matter, laying the first charges, to the Rosebank Police Station. I supported the whole process from the very beginning. I stood, sometimes on my own, outside ANC NEC meetings, demanding that Ramaphosa should go. And finally today, the process has been started by a proper ruling by the Chief Justice of the Constitutional Court, having taken the three judgments into consideration, and now the impeachment process will bring Ramaphosa, as so many of us — including myself — have called for over many years, to final accountability.
On February 9, 2020, assailants broke into President Ramaphosa’s Phala Phala game farm in Limpopo and stole a large sum of undeclared foreign currency – reportedly around $580,000 in crisp US dollars – hidden inside a sofa. This was not pocket change or legitimate savings; it was foreign currency that should have been declared, properly banked, and accounted for under South African law. Instead, it points to serious questions around money laundering, foreign exchange violations, and a blatant abuse of office.
The independent Section 89 panel — chaired by the highly regarded retired Chief Justice Sandile Ngcobo, and consisting of equally respected legal minds in retired Judge Thokozile Masipa and Advocate Mahlape Sello SC — examined the evidence in detail and released its report in November 2022. These are jurists of impeccable integrity and vast experience, whose findings carry enormous weight in our constitutional framework. The panel found prima facie evidence that President Ramaphosa had committed serious violations: a breach of section 96(2)(a) of the Constitution, violations of the Prevention and Combating of Corrupt Activities Act (PRECCA), and serious misconduct inconsistent with his oath of office under section 96(2)(b). The panel’s findings were damning – the President failed to report the theft properly to the police as required, allowed a private investigation involving state resources in a suspicious manner, and presided over what appeared to be a cover-up that undermined the integrity of the highest office in the land.
The Phala Phala judgment is a turning point that has us dancing in the streets with revolutionary joy, writes EFF MP Carl Niehaus.
Image: Supplied / Carl Niehaus
Despite this clear evidence from such eminent legal experts, the ANC-dominated Parliament voted in December 2022 to reject the panel’s report and block any further impeachment proceedings. This was not a decision based on law or evidence; it was a protection racket orchestrated by the ruling party to save one of their own. The EFF immediately challenged this travesty in the courts, arguing that Parliament had acted irrationally, unconstitutionally, and in violation of its oversight obligations under section 89 of the Constitution. After lengthy delays, the Constitutional Court heard the matter in November 2024. Today’s ruling confirms what we have always known: no one, not even the President, is above the law.
We are overjoyed and bursting with revolutionary elation at this progressive and landmark judgment. The sum total of the Constitutional Court’s decision is crystal clear and fills every EFF cadre with immense pride and celebration: Parliament’s shameful vote that rejected the findings of the independent Section 89 panel has been declared invalid and set aside, and the impeachment process against President Ramaphosa must now proceed without any further obstruction or delay. As our Commander in Chief, Julius Malema, has strongly and unequivocally stated, President Ramaphosa must now resign immediately and prepare to face the full force of the impeachment process. The people have spoken through the highest court in the land!
The implications are profound and electrifying. For too long, South Africa has been governed by an elite that treats public office as a personal fiefdom. Ramaphosa’s Phala Phala saga is emblematic of the broader rot: leaders who preach anti-corruption while allegedly engaging in questionable financial dealings, using state machinery to shield themselves. The EFF has consistently exposed this hypocrisy – from the CR17 campaign funding scandals to now Phala Phala. Today’s ruling sends a powerful message that the era of impunity is coming to an end, and we rejoice in this historic breakthrough.
Parliament must now act immediately and without hesitation. The Speaker of the National Assembly has no discretion left; she must table the impeachment motion forthwith and refer the matter to the appropriate committee for a full inquiry. Every day that passes is another day Ramaphosa clings to power illegitimately. We demand that President Cyril Ramaphosa be impeached without further delay. If he has any shred of honour left – which we doubt – he should resign immediately to spare the country the spectacle of a prolonged and divisive process. The people have suffered enough under his leadership: record unemployment, deepening inequality, load-shedding legacies, and an economy in tatters while the elite accumulate wealth through questionable means.
This victory belongs to the EFF cadres who marched to the Constitutional Court demanding justice, to the legal team that fought tirelessly, and to every South African who refuses to accept elite capture. Julius Malema and the EFF have led from the front, refusing to be silenced by threats, smears, or political pressure. We warned that protecting Ramaphosa would erode public trust in institutions, and today the Court agrees. Our hearts swell with pride and elation at this momentous affirmation of our struggle!
Yet we must remain vigilant. The ANC will undoubtedly attempt new delaying tactics, legal loopholes, or political horse-trading in the GNU to save their leader. The EFF will mobilise on the streets, in Parliament, and across the nation to ensure this ruling translates into concrete action. We call on all progressive forces – trade unions, civil society, students, and ordinary citizens – to join us in demanding full accountability.
The Phala Phala judgment is a turning point that has us dancing in the streets with revolutionary joy. It proves that persistent struggle yields results. It exposes the ANC’s moral bankruptcy and strengthens the case for a new dispensation led by the EFF – one where land expropriation without compensation, nationalisation of key sectors, and genuine economic freedom become reality. Ramaphosa must go now. Impeachment or resignation – the choice is his, but the demand of the people is clear.
Beyond the immediate legal victory, this ruling has far-reaching consequences for the future of our democracy. It reinforces the separation of powers and reminds Parliament that it cannot abdicate its constitutional duties simply because the ruling party wishes to protect its president. For years, the ANC has treated oversight mechanisms as optional inconveniences rather than binding obligations. Today’s decision strikes a blow against that culture of entitlement. It will embolden other accountability mechanisms and send a warning to future leaders that serious misconduct will not be swept under the carpet.
Economically, Ramaphosa’s continued presence at the helm has been a disaster. Despite promises of a “new dawn,” unemployment remains stubbornly above 30%, youth joblessness is even higher, and millions of South Africans live in grinding poverty. The Phala Phala scandal epitomises the disconnect between the lavish lifestyles of the political elite and the daily struggles of ordinary people. Foreign currency stashed on a luxury game farm while the masses queue for grants and food parcels – this is the reality the EFF has fought to expose.
We have always maintained that true economic freedom requires radical transformation, including expropriation of land without compensation and placing the commanding heights of the economy under public control. This judgment advances that vision by weakening one of the key obstacles to real change. When Ramaphosa is removed, the path will open for policies that put the people first, not international capital or local oligarchs.
To our international friends and observers: do not be fooled by ANC spin doctors who will try to portray this as a narrow political squabble. This is about defending the Constitution against those who would bend it to serve personal and party interests. The EFF remains committed to a South Africa where the rule of law applies equally to all.
Forward to economic freedom in our lifetime! The struggle continues until victory is complete – and today we celebrate this glorious step forward with boundless elation!
* Ambassador Carl Niehaus is an EFF Member of Parliament (MP).
** The views expressed do not necessarily reflect the views of IOL or Independent Media.