By Johnathan Paoli
The Economic Freedom Fighters (EFF) has welcomed the announcement by the Constitutional Court that it will deliver its long-awaited judgment on the party’s bid to revive the Phala Phala scandal on Friday morning, describing the development as a crucial moment for parliamentary accountability.
In a statement issued on Tuesday, the red berets said they noted the decision, but nevertheless stressed the lengthy delay in the return of a section 89 report to Parliament in order to ensure justice.
The EFF emphasised the lengthy delay in the matter, noting that judgment comes exactly 521 days after the matter was first argued before the Constitutional Court.
The party framed the case as a constitutional challenge to Parliament’s handling of explosive allegations linked to President Cyril Ramaphosa.
“From the beginning, the EFF has been the lone and consistent voice demanding accountability for the criminality, secrecy, and abuse of power surrounding the Phala Phala scandal. While many sought to protect [president] Cyril Ramaphosa and preserve the image of the ANC, the EFF pursued every constitutional avenue available to ensure that no President is placed above the law,” the party said.
This follows the decision by Parliament in December 2022 not to adopt findings of an independent panel chaired by former Chief Justice Sandile Ngcobo.
The panel found prima facie evidence that Ramaphosa may have a case to answer for regarding a burglary in 2020 at his Limpopo game farm, where reportedly R10 million worth of foreign currency was stolen.
Despite the panel’s conclusions that the president may have engaged in serious misconduct and potential constitutional violations, the National Assembly voted against adopting the report, effectively halting further impeachment proceedings.
The EFF said that this decision amounted to a failure by Parliament to fulfil its constitutional oversight obligations.
The Con court heard arguments in the matter in November 2024, with the EFF seeking to have Parliament’s decision reviewed and set aside.
The party wants the Section 89 panel report to be reinstated and properly considered by lawmakers.
After more than a year without a ruling, frustrations grew within the party, culminating in protests outside the court demanding that judgment be handed down.
The upcoming ruling is expected to clarify the extent of Parliament’s constitutional duties when dealing with findings from independent impeachment panels.
The EFF said it now awaits the outcome with a clear expectation of judicial intervention.
“We await the judgment with the expectation that the Constitutional Court ensures that the Section 89 report is properly returned to Parliament for lawful consideration and accountability processes,” the party said.
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