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A drawn-out and highly public impeachment inquiry into the Phala Phala scandal could prove deeply damaging to the ANC if President Cyril Ramaphosa refuses to step down.

This is the view of political analysts as the landmark Constitutional Court ruling is expected to dominate discussions when the ANC’s top seven officials meet on Monday. This while the DA, the ANC’s largest GNU partner, has signalled it will no longer shield the president.

The apex court ruled on Friday that the National Assembly’s vote in December 2022 declining to refer the Section 89 Independent Panel’s report to an Impeachment Committee in terms of parliamentary rules was inconsistent with the Constitution, invalid, and set it aside.

The report from the panel led by retired Chief Justice Sandile Ngcobo found that there was a prima facie case of wrongdoing by the president relating to the undeclared US dollars that were found and stolen from his Phala Phala farm in Bela-Bela, Limpopo. 

Following the judgment, EFF national chairperson and chief whip Nontando Nolutshungu wrote to National Assembly Speaker Thoko Didiza demanding clear timelines for the establishment of an impeachment committee.

Vuyo Zungula, leader of the African Transformation Movement, which joined the EFF in approaching the court, said his party would also be writing to Didiza regarding the implementation of the ruling.

In a statement, DA leader Geordin Hill-Lewis said they should not be expected to shield wrongdoing.

Shortly after the judgment, the ANC said it will support Parliament Speaker Thoko Didiza and the National Assembly in ensuring compliance with the judgment and applicable parliamentary rules.  

Director of Surgetower Associates Management Consultancy and political analyst Siseko Maposa said the political implications of a sitting president facing an impeachment inquiry would be significant.

“The inquiry itself becomes the centrepiece of the political landscape. It consumes governing bandwidth, weakens the president’s leverage over Cabinet and coalition partners, and provides opposition parties with a sustained political platform,” he said.

“The DA was once the loudest voice demanding accountability over Phala Phala. Now it has a direct political interest in preserving Ramaphosa’s tenure in order to maintain coalition stability."

Despite the pressure, he said Ramaphosa is unlikely to step aside voluntarily, as that could trigger a destabilising succession battle within the ANC.

“That would ignite an immediate and potentially turbulent ANC succession contest and weaken the party ahead of the local government elections,” he said.

“Instead, the best course for both Ramaphosa and the ANC is likely to be procedural delay.”

He said the ConCourt’s order for Parliament to amend Rule 129(1), which governs impeachment proceedings, could buy the president more time.

“The ANC may insist that those amendments must first be finalised before any serious Phala Phala hearings proceed. That buys time, potentially enough to push meaningful consideration of the matter beyond the local government elections,” he said.

Speaking in an SABC interview, analyst Sipho Seepe said if the proceedings of the impeachment committee take long there will be political fallout.

“Politically, once you start going through that process, that will be rigorous, cross-examining, there will be a lot of embarrassment.

“And effectively, you will have a head of state who will have to answer. For the ANC this could not have come at a worse. It comes at a time when support is declining, in every by-election it is not doing well and other parties are encroaching,” he said.

NMU lecturer Ntsikelelo Breakfast said  Ramaphosa may already be weighing up the option of resigning rather than allowing a prolonged parliamentary process that could inflict further damage on the ANC.

“You will remember that previously there was no committee specifically focused on the presidency. Now there is, and it exists to hold that office accountable,” he said.

“He will be required to account for what happened, and it will become a political battle because opposition parties will want to extract political mileage from the process. It will be ugly.

“So there will be a part of him thinking he should just throw in the towel rather than put his party through this.”

Breakfast argued that the ANC, already facing declining electoral support, may struggle to weather another damaging political crisis.

“The ANC is already terminally ill, so he may not want to drag it through this whirlwind because if a finding is eventually made against him, and it is not far-fetched to say he was off the mark, it will be devastating,” he said.

He added that the party’s leadership would also be calculating the impact such a process could have ahead of the upcoming local government elections.

“Some may argue that his term is nearing its end and he should be allowed to finish it. But others, especially those sidelined from Cabinet, may say they cannot wait because the local government elections are approaching and he will become the face of the party,” he said.

“How is the ANC supposed to recover electorally when this issue is going to dominate the political battlefield?”

This article was originally posted by IOL

As Child Protection Month launches this week, we are reminded of children like Joshlin Smith who remain missing years after disappearing. 

Joshlin Smith was six years old at the time when she disappeared from her Middlepos home in Saldanha on February 19, 2024. 

Child Protection Month is a national campaign which aims to promote the rights, safety, and well-being of children in South Africa, and the theme for 2026 is: “Working together in ending violence against children”. 

The National Department of Social Development said the initiative is increasingly critical, as children continue to experience abuse, neglect, exploitation and harm across households, schools, communities and digital platforms.

The department kicked off this month with a launch held at the Prince Mangosuthu Sports Field, eDumbe, in KwaZulu-Natal. 

According to the National Child Protection Register, first to third quarter statistics for the 2025/26 financial year show 8,984 cases of child abuse and 3,258 cases of sexual abuse recorded. 

The Department of Justice’s statistical records show an increase in statutory rape to 199 for the 2025/26 financial year as compared to 127 in the 2024/25 financial year. 

Children committing statutory rape is also a concern, noted with 22 reported cases, whilst 890 children committed rape. 129 of the rape cases involved victims under 18 years old.

The Acting Chief Director of Communication of the Department, Sandy Godlwana, said the 2026 Child Protection Month will be focused on strengthening statutory rape case management, as well as identification, reporting, investigating and provision of therapeutic services. It aims to provide a coordinated multi-sectoral framework for the prevention and management of statutory rape cases to ensure the child victim receives immediate protection and ongoing psychosocial support.

“A special focus will also be given to strengthening responses to statutory rape, given rising teenage pregnancies and persistent gaps in mandatory reporting and case handling as the country continues to experience high levels of gender‑based violence, child sexual abuse, and increasing rates of teenage pregnancy,” Godlwana said. 

While children are among the most vulnerable within society, they continue bearing the brunt of violence from adults. 

Earlier this week, a 21-year-old man killed a three-year-old girl because her mother, a domestic worker, did not ‘clean properly’ despite his grandmother being the woman’s employer. 

In Limpopo, a two-year-old girl was kidnapped from her home during the early hours of Saturday, May 2. 

Omphile Sethole was taken from her home in the Ga-Mabuela Village. 

Last week, two newborn babies were dumped on the cold and wet streets of Cape Town.

“In many instances, the perpetrators of such abuse are not strangers, but individuals known and trusted by the child. These include family members, parents, guardians, and acquaintances who are expected to safeguard the well-being and dignity of children. Instead, society continues to witness deeply concerning cases where those entrusted with the care and protection of children misuse that trust and subject children to abuse, neglect, and harm,” he said. 

Monakali said this ongoing reality reflects a grave injustice within communities and highlights the urgent need for stronger protective interventions, accountability, and social support systems centred on the safety and well-being of children.

According to recent SAPS quarterly crime statistics for the 2024/2025 reporting period, 315 children were murdered within three months, while 490 cases of attempted murder against children were recorded. During the same period, 1,944 children were victims of assault with intent to cause grievous bodily harm.

Statistics South Africa has further indicated that rape accounts for approximately 38% of all reported crimes committed against children, while common assault and assault with intent to cause grievous bodily harm account for nearly 45% of reported crimes against minors.

“These figures paint a deeply concerning picture of the levels of violence, abuse, and trauma confronting children across homes, schools, and communities in South Africa. The responsibility for safeguarding and supporting the well-being of children has, in many instances, been unfairly shifted onto teachers, educators, and schools, particularly within township and rural communities where social challenges are often most severe,” Monakali said. 

Further stating: “In communities heavily affected by gang violence, substance abuse, domestic violence, and crime, these patterns frequently manifest within schools themselves. Learners are often exposed to violence and trauma both within their communities and educational environments, yet many schools, particularly in township and rural communities, remain under-resourced and insufficiently equipped to provide the psychosocial support and trauma-informed interventions required to adequately support vulnerable children.”

Monakali said child protection requires more than awareness campaigns. He said it required coordinated intervention measures, strengthened community-based support systems, improved access to social workers and healthcare services, public education, and policies that prioritise prevention alongside protection.

“As the country observes Child Protection Month, Ilitha Labantu calls for renewed focus on strengthening child protection systems, addressing gaps in support services, and ensuring that vulnerable children and mothers are met with accessible, responsive, and evidence-based interventions,” he added. 

From October 1, 2025, to March 31, 2026, the Western Cape Department of Social Development received a total of 1,957 reports of child abuse. 

According to the department’s spokesperson, Esther Lewis, the top three categories of abuse reported were: 

• Deliberate neglect: 719

• Sexual abuse: 564

• Physical abuse: 356

Lewis told IOL that the Western Cape currently has over 43,000 children in foster care. In addition, 2,800 children have been placed in non-profit organisation (NPO) run child and youth care centres across the province. 

Section 28 of the Bill of Rights in the Constitution states that every child has the right ‘to be protected from maltreatment, neglect, abuse or degradation. 

When reporting abuse, members of the public will be urged to complete Form 22 as per the requirements of the Children’s Act.

Form 22 is a legal document used for the mandatory reporting of suspected child abuse, sexual abuse, or deliberate neglect. It is completed by professionals (teachers, doctors, police) or community members to initiate an investigation by the Department of Social Development, a designated child protection organisation, or the SAPS. 

Safety parents also provide temporary care for no more than six children, unless the children are siblings, for up to 90 days.

According to Lewis, the Western Cape Department of Social Development currently has 233 registered safety parents in the Cape Metro and 226 registered safety parents in the rural regions such as the West Coast, Eden Karoo, and the Cape Winelands/Overberg region. 

“The Department is always actively seeking to recruit safety parents to ensure an adequate spread across the province, for when the need arises. Prospective safety parents should be mindful that emergency removals can take place at any time of day, and can involve children of different ages.

“When children are removed from their homes, they can be placed with safety parents for up to three months while the social worker conducts their investigation. Their findings are presented to the Children’s Court, who will then rule on whether the child is in need of care and protection. The court will also rule on whether the child should be placed in foster care,” Lewis said. 

Children are placed with foster parents with a court order, for up to two years at a time. 

“After two years, the court will rule on whether the order should be extended, or if the circumstances allow for the child to be placed back with their biological parents/ caregivers,” Lewis said. 

The Department of Social Development calls on eligible people who have a love for children and are willing to be part of the safety net for vulnerable children to visit their nearest office to find out more. 

“While being a safety parent is a temporary measure, you can be part of making a huge impact on a child’s life when they need it most,” Lewis added. 

If you are a child or a parent who needs help, or you’d like information on becoming a foster or safety parent, please call the DSD toll-free number 0800 220 250 or visit your nearest DSD local office.

This article was posted by IOL

The name of an attorney who failed to lodge audit reports for a decade, and his failure to hold Fidelity Fund Certificates for the same period, and had not paid membership fees to the South African Legal Practice Council (LPC), was disbarred.  

Schalk Willem Botha did not contest and consented to his name being removed from the legal practitioner’s roll. 

Botha argued that he applied for his removal from the former Law Society of the Northern Provinces in December 2015, has not practiced as an attorney since, was subsequently sequestrated, and has made sustained efforts to settle this application since at least August 2025.

The LPC disputes whether a valid resignation was ever effected.

Botha was admitted and enrolled as an attorney in the then-Gauteng Division of the High Court in 1985. He practiced at various law firms from May 1985 to June 2012. 

Subsequently, he commenced practice as a sole practitioner under the name ‘Botha Attorneys’, operating from Farm Vlakpan, Jagersfontein, Mahikeng. Before the removal of his name from the roll, he remained on the roll of legal practitioners of the High Court of South Africa, North West Division, Mahikeng.

Evidence to the court showed that Botha contravened several sections of the Legal Practice Act, amounting to his alleged misconduct and non-compliance. 

“Botha failed to lodge unqualified audit reports for the periods ending February 2015 through February 2024, a total of 10 consecutive years. As a direct consequence, he was not issued with Fidelity Fund Certificates for the years commencing January 2016 through January 2025. During this period, Botha was not entitled to practice for reward, and both his clients and the Legal Practitioners’ Fidelity Fund were exposed to risk. 

“It is also recorded that Botha failed to attend two Disciplinary Committee meetings convened in respect of his non-compliance. Botha failed to pay annual membership fees to the LPC in the total amount of R33,182, in contravention of Rules 4.1 and 6 of the LPC Rules,” the judgment read.

The court also heard that Botha failed repeatedly and systematically to respond to correspondence from the LPC, in contravention of the Code of Conduct.

Botha did not dispute the misconduct.

However, his contentions to the court were that he had personally attended the offices of the Law Society of the Northern Provinces in Pretoria in December 2015 and delivered all required notices and documentation to terminate his membership and cease practice.

This article was originally posted by IOL

He thereafter relocated to a farm in the Mahikeng district and has not practiced as an attorney since. Botha submitted that since 2015, he had been under genuine belief that he had been properly removed from the roll and that the necessary regulatory steps had been taken. According to Botha, he has had no trust account, no clients, and no files for approximately 10 years.

The court said it was satisfied that the offending conduct had been established on a balance of probabilities.

Judge Andrew Reddy said: “The failure to lodge audit reports and to hold Fidelity Fund Certificates for 10 consecutive years represents a profound and sustained dereliction of the most fundamental obligations of a legal practitioner. The regulatory framework governing these requirements exists precisely to protect clients and the public. A practitioner who ignores these obligations for a decade, whatever the subjective reasons, cannot be regarded as fit and proper. We are, therefore, satisfied that Botha is not a fit and proper person to practice as a legal practitioner.

“The duration of the non-compliance, 10 uninterrupted years, and the scale of the regulatory defaults plainly exclude any lesser sanction. We are of the view that removal from the roll is the appropriate order… Botha has produced no documentary evidence of the alleged notification. Simply put, no letter of resignation, no acknowledgement of receipt, and no correspondence from the former Law Society confirming the termination of his membership is before this court. 

“The LPC’s records continued to reflect him as a practicing attorney throughout. Botha could, with relative ease, have obtained a closing audit report from his former auditors and procured documentary evidence of any communication with the former Law Society. Notably, none has been placed before the court,” said Reddy.