is now set to face an impeachment process in Parliament after the Constitutional Court ruled that the National Assembly acted unlawfully when it blocked proceedings linked to the Phala Phala scandal in 2022.
In a landmark judgment delivered on Friday, the Constitutional Court declared Rule 129I of the National Assembly unconstitutional and invalid, effectively reopening the Section 89 impeachment process against the president.
The apex court also overturned Parliament’s December 2022 vote in which ANC MPs used their majority to reject an independent panel report that found Ramaphosa had a case to answer regarding serious constitutional violations linked to the theft of US$580,000 from his Phala Phala farm.
The independent panel had previously found prima facie evidence suggesting Ramaphosa may have exposed himself to a conflict of interest, conducted outside paid work and potentially violated anti-corruption laws.
By order of the court, the report must now be referred to a formal impeachment committee established under parliamentary rules, where public hearings are expected to take place.
The judgment marks a major political victory for Julius Malema and the EFF, alongside the African Transformation Movement, who challenged both the parliamentary vote and the rule that allowed MPs to halt the impeachment process before a full inquiry could begin.
Chief Justice Mandisa Maya stated that accountability lies at the heart of the Constitution and that Parliament carries a responsibility to ensure the president is properly held accountable.
The court found Rule 129I unconstitutional because it allowed MPs to effectively “gatekeep” the impeachment process before evidence could be fully tested in a transparent public hearing.
“Rule 129I subverts this requirement of transparency,” the judgment stated, adding that Parliament had terminated the process before the factual issues were publicly ventilated in a structured and comprehensive manner.
Despite the ruling, Ramaphosa’s removal is not automatic. Any recommendation for impeachment would still require support from two-thirds of the National Assembly.
In a statement issued through spokesperson Vincent Magwenya, Ramaphosa said he respects the judgment and remains committed to the Constitution, judicial independence and the rule of law, maintaining that no person is above the law and that all allegations must follow due legal process.
This article was originally posted by Daily Maverick
