EFF Challenges Parliament Over Phala Phala Scandal and Ramaphosa's Accountability

The Constitutional Court will listen to the Economic Freedom Fighters (EFF) on Tuesday as they challenge Parliament's decision not to investigate President Cyril Ramaphosa for impeachment over the Phala Phala issue.

The EFF is taking legal steps against Ramaphosa, the National Assembly, and the African National Congress (ANC), claiming the president must answer for suspected misconduct. This involves a break-in at his Phala Phala game farm in February 2020, which the EFF says Ramaphosa should be accountable for.

In December 2022, the National Assembly rejected the African Transformation Movement's (ATM) proposal to impeach the president. It also rejected a report from an independent panel, led by retired Chief Justice Sandile Ngcobo, suggesting that Ramaphosa might have violated the Constitution and should be held accountable for the Phala Phala matter.

Several investigations into the Phala Phala burglary have been conducted, including by the Reserve Bank and the Public Protector. However, the Ngcobo panel's findings stand out, as they were rejected by Parliament and faced strong opposition from Ramaphosa, who argued in the Constitutional Court that the panel’s interpretation of events was flawed.

Although Parliament dismissed the impeachment motion, the Constitutional Court later ruled that the Ngcobo panel overstepped by taking the matter directly to the court. Now, the EFF’s legal challenge brings the impeachment issue back to the Constitutional Court, potentially setting a key precedent.

This case could influence how impeachment procedures for sitting presidents are handled in the future, as the Constitutional Court has not yet provided a detailed review of these processes. The EFF argues that once an independent panel finds grounds for impeachment, Parliament can only dismiss such findings based on clear, valid legal reasons. This could change how accountability is applied to sitting presidents.

At an event on Sunday, EFF leader Julius Malema accused Ramaphosa of corruption and warned against allowing the president to avoid accountability, saying it risks the country’s future. Malema also pledged to lead large protests over the handling of the Phala Phala issue.

On Monday, the EFF is expected to update the media about its plans for their elective conference next month in Johannesburg.