SOWETAN | Phala Phala ruling strengthens our democracy

Last Friday’s Constitutional Court ruling in the EFF vs Speaker of National Assembly case marks a significant milestone in our young democracy’s ongoing struggle to hold leaders accountable.

The court found that the National Assembly acted unlawfully when it blocked the establishment of an impeachment committee. This committee was meant to follow up on the findings of a Section 89 panel chaired by retired Chief Justice Sandile Ngcobo, which concluded that President Cyril Ramaphosa had a case to answer regarding the controversial robbery at his Phala Phala game farm in Bela Bela.

That incident saw thieves escape with approximately $500,000 (R8,2m) in cash hidden in the couches at the property.

The Ngcobo panel’s findings centred on troubling allegations: no official case was registered after the crime, and instead the presidential protection service sought to conduct an informal investigation to recover the stolen money and apprehend the perpetrators.

Reports suggest that Ramaphosa has been advised to take the Ngcobo panel’s report on judicial review, a move that could delay proceedings for months, if not years.

Meanwhile, opposition parties such as the EFF, the ATM, and the MK Party have resumed efforts to impeach the president. Notably, MK Party leader John Hlophe has already tabled a motion of no confidence against Ramaphosa.

The latest judgment places Ramaphosa in a precarious position. While respected institutions such as SARS, the Reserve Bank, and the Public Protector have cleared him of wrongdoing, the establishment of an inquiry would reopen the matter and expose the president to public scrutiny.

The political stakes are high, and Ramaphosa cannot rely on his largest coalition partner, the DA, which has made it clear that it will not defend wrongdoing.

The motion of no confidence brought by the MK Party may well be defeated by the government of national unity coalition in Parliament. However, the grand coalition could fracture if an inquiry ultimately recommends impeachment.

For now, ANC leaders appear to prefer that Ramaphosa “kick the can down the road” by approaching the courts, prolonging the matter through legal battles that could stretch on for years.

It is crucial to note that the Constitutional Court did not rule on the president’s guilt or innocence. Rather, it reaffirmed the supremacy of the Constitution and made clear that politicians cannot manipulate institutions to shield themselves from accountability.

This ruling is a massive victory for accountability, and for the citizens of South Africa. The judgment strengthens our democracy by ensuring accountability is not optional but a constitutional imperative.