The Economic Freedom Fighters (EFF) has accused President Cyril Ramaphosa of attempting to use the courts to avoid accountability over the Phala Phala scandal, following reports that he is considering reviving a legal challenge against the Section 89 Independent Panel report.
In a strongly worded statement issued on Monday, the EFF said Ramaphosa’s reported intention to seek a judicial review of the report comes after the Constitutional Court ruled that Parliament acted unlawfully and unconstitutionally when it blocked an impeachment inquiry into the president in 2022.
The party said the judgment vindicated its long-standing argument that the ANC had used its parliamentary majority to shield Ramaphosa from scrutiny over the scandal involving the theft of foreign currency from his Phala Phala farm in Limpopo.
The Section 89 Independent Panel, chaired by former Chief Justice Sandile Ngcobo, found in 2022 that there was prima facie evidence that Ramaphosa may have violated the Constitution and his oath of office.
However, the National Assembly voted against adopting the panel’s findings and rejected calls for an impeachment inquiry.
The EFF said Ramaphosa initially launched a review application in December 2022, seeking to have the report set aside, but abandoned the process after Parliament voted against proceeding with impeachment.
According to the party, the Presidency later argued that Parliament’s decision had rendered the report “moot” and of “no practical and legal consequence”.
“This sequence of events exposes Cyril Ramaphosa as a constitutional delinquent who has never sought genuine judicial clarity on the merits of the report but has instead relied on political manipulation and procedural delay to evade accountability,” the EFF said.
The party accused Ramaphosa of now attempting to “hide behind court proceedings” after the Constitutional Court invalidated Parliament’s earlier decision.
The Presidency initially responded to last week’s Constitutional Court ruling by saying Ramaphosa respected the judgment and remained committed to the rule of law and constitutional processes. The Presidency also noted that the judgment dealt primarily with Parliament’s processes and not with findings of criminal wrongdoing against the president.
Meanwhile, opposition parties are piling pressure on Parliament to urgently establish an impeachment inquiry.
The EFF has already written to National Assembly Speaker Thoko Didiza demanding that Parliament immediately constitute the Section 89 impeachment committee in line with the Constitutional Court judgment.
The African Transformation Movement (ATM) has also formally written to Didiza, calling for the immediate implementation of the court ruling and insisting that Parliament cannot delay the impeachment process any further.
ATM Parliament leader Vuyo Zungula said the ruling reaffirmed that Parliament had failed in its constitutional oversight responsibilities when it protected Ramaphosa in 2022.
Parliament, through spokesperson Moloto Mothapo, said the institution was studying the Constitutional Court judgment and would seek legal advice before outlining the next steps regarding the implementation of the ruling.
Mothapo said Parliament remained committed to acting in accordance with the Constitution and would communicate its approach once all internal processes had been concluded.
The Constitutional Court ruling followed legal challenges brought by opposition parties, including the EFF and ATM, who argued that Parliament unlawfully rejected the panel’s findings without properly considering the evidence.
The EFF now maintains that any renewed attempt by Ramaphosa to review the Section 89 report nearly four years after its publication should be dismissed by the courts.
The Phala Phala matter has remained one of the biggest political controversies of Ramaphosa’s presidency since former State Security Agency director-general Arthur Fraser opened a criminal case in 2022, alleging that large sums of undeclared foreign currency were hidden at the president’s farm and that the subsequent investigation into the theft was conducted outside official legal channels.
Ramaphosa has consistently denied wrongdoing, insisting that the money stolen was proceeds from the sale of game and that no laws were broken.
