South Africa’s Constitutional Court has set aside a 2022 parliamentary vote that blocked further impeachment proceedings against President Cyril Ramaphosa, ruling that the decision was inconsistent with the Constitution and must be revisited.
The judgment relates to the so-called Phala Phala matter, which stems from allegations involving the theft of approximately $580,000 in foreign currency hidden in a couch in Ramaphosa’s house on his game farm in 2020. The case prompted questions about the president’s handling of the incident and compliance with South Africa’s foreign currency regulations, which require large cash holdings to be declared and deposited through authorised channels.
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A parliamentary Section 89 panel previously found that Ramaphosa may have violated his oath of office and possible corruption laws, recommending that the matter proceed to an impeachment inquiry. However, in December 2022, the National Assembly voted against adopting the report, effectively halting the process at the time. The African National Congress, which held a parliamentary majority then, backed the rejection.
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In its ruling, the Constitutional Court found that Parliament acted irrationally in rejecting the panel’s findings. Chief Justice Mandisa Maya declared that the vote was “inconsistent with the Constitution, invalid and it is set aside,” and ordered that the report be referred to the relevant impeachment committee for further consideration.
Opposition parties, including the Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM), brought the legal challenge, arguing that Parliament failed to exercise its oversight role. Following the judgment, EFF Leader Julius Malema called for Ramaphosa to resign, insisting that impeachment proceedings should proceed and stating that the process would reveal further evidence.
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The Presidency responded by reaffirming Ramaphosa’s respect for the judiciary and the rule of law. Spokesperson Vincent Magwenya noted that the president had consistently cooperated with all inquiries into the matter and maintained that no one is above the law.
Ramaphosa has denied wrongdoing, stating that the money was proceeds from the sale of game animals. Previous investigations by the Reserve Bank, the Revenue Service, and the Public Protector did not lead to any criminal findings against him. Following the court’s ruling, Parliament is now expected to move forward with renewed impeachment procedures.
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