South Africa’s Constitutional Court has instructed Parliament to reconsider its decision to block impeachment proceedings against President Cyril Ramaphosa.
The ruling follows allegations that about $580,000 in US dollars, reportedly hidden in a couch, was stolen from Ramaphosa’s private Phala Phala game farm in 2020. The court did not adjudicate whether the president committed wrongdoing; instead it found that lawmakers acted unlawfully when they dismissed the findings of an independent panel that had recommended an impeachment inquiry.
Chief Justice Mandisa Maya said the National Assembly’s vote of 13 December 2022 is “inconsistent with the Constitution, invalid, and… set aside.” The legal challenge had been brought by two opposition parties, the Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM), which argued Parliament’s rejection of the panel’s recommendation was irrational and unconstitutional.
A panel led by former chief justice Sandile Ngcobo had concluded that Ramaphosa had a case to answer and advised that an impeachment inquiry should proceed. At the time, the African National Congress (ANC), using its parliamentary majority, voted to quash the panel’s report. The Constitutional Court has now ordered that the panel’s report be referred to an impeachment committee for further action.
The controversy, widely dubbed “Farmgate” in South African media, first surfaced in June 2022 when former spy chief Arthur Fraser alleged the theft had been concealed. Ramaphosa has consistently denied any wrongdoing, saying the cash was payment for buffalo bought by a Sudanese businessman. He has not been criminally charged and has been cleared in separate probes by the Reserve Bank, the Revenue Service and the Public Protector.
After the ruling, the Presidency said Ramaphosa has cooperated with inquiries and reiterated his stance that no one is above the law and that allegations should be dealt with through due process. The EFF promptly wrote to the Speaker of Parliament demanding the immediate formation of an impeachment committee. EFF leader Julius Malema told supporters the inquiry will expose evidence against the president and said Ramaphosa could face jail.
The decision poses a political test for Ramaphosa’s coalition government. The ANC no longer holds an outright majority in Parliament but remains the largest party in the governing coalition. The Democratic Alliance (DA), the coalition’s second-largest party, indicated it will not automatically back the ANC and stressed it will “uphold the law,” drawing a clear line between party loyalty and constitutional accountability, according to DA leader Geordin Hill-Lewis.
The court’s order requires Parliament to follow constitutional procedures in handling the panel’s report and the possible impeachment inquiry, restoring a legal path for lawmakers to examine the panel’s findings. The next steps will depend on how swiftly Parliament moves to form the committee and whether political parties can agree on its composition and mandate.
Edited by Wesley Rahn.