President Cyril Ramaphosa has asked the Office of the Chief Justice for permission to launch a judicial review of the Section 89 Independent Panel report on the Phala Phala scandal, according to recent developments. This move is seen as a significant step by the president to challenge the report, which found that there was prima facie evidence that Ramaphosa may have committed serious misconduct linked to the theft of foreign currency from his Phala Phala farm in Limpopo.
The request is required under Section 47 of the Superior Courts Act because the case involved judges who served on the panel that investigated the president. If granted, it will allow Ramaphosa’s legal team to formally file court papers challenging the report. The panel found that the president could have breached constitutional duties, and this has led to a renewed call for his impeachment.
Phala Phala Scandal Background
The Phala Phala scandal became public in 2022 when opposition parties pushed Parliament to investigate under Section 89 of the Constitution. A panel led by former Chief Justice Sandile Ngcobo concluded that the president could have breached constitutional duties. Parliament initially voted in December 2022 not to proceed with impeachment, but the Constitutional Court later ruled that the decision was unlawful and ordered Parliament to restart the impeachment process properly.
As the South African Parliament prepares to restart the impeachment process, Ramaphosa is now challenging the panel report itself, arguing that it is flawed and did not fairly assess the evidence. His legal team wants the findings set aside, which could weaken or halt the impeachment process. Opposition parties have criticised the move, with the Economic Freedom Fighters (EFF) accusing the president of delaying accountability.
Reaction from Opposition Parties
ActionSA and the African Transformation Movement (ATM) also said the legal challenge could slow Parliament’s work. The African National Congress (ANC) defended Ramaphosa’s right to go to court, saying he is entitled to challenge findings and ensure due process is followed. The Constitutional Court has ruled that the president must be allowed to contest the report in court, and the outcome of the review application will determine whether Parliament continues with impeachment proceedings or whether the Section 89 report is set aside.
Meanwhile, Parliament speaker, Thoko Didiza, has rejected a motion of confidence against Ramaphosa over Phala Phala. The impeachment process is expected to continue, with the National Assembly setting up a new committee to consider the panel’s findings. The Reserve Bank has also stood firm on its report clearing President Cyril Ramaphosa of exchange control violations in the Phala Phala saga, despite a recent Constitutional Court ruling.
- The Phala Phala scandal involves the theft of foreign currency from the president’s farm in Limpopo.
- The Section 89 Independent Panel report found that there was prima facie evidence that Ramaphosa may have committed serious misconduct.
- The president is challenging the report, arguing that it is flawed and did not fairly assess the evidence.
