As the nation eagerly awaits the Constitutional Court's ruling on the Phala Phala case, the stakes are high for Cyril Ramaphosa. What if the EFF secures a victory?
Image: Phando Jikelo / Parliament of SA
As the nation waits with bated breath for the Constitutional Court to deliver its ruling on Phala Phala on Friday, the question on everyone’s lips remains: what if the Economic Freedom Fighters (EFF) win?
The apex court confirmed the date on Tuesday afternoon.
“Kindly be informed that the judgment in this matter will be handed down at the Constitutional Court on Friday, 08 May 2026 at 10h00,” Chief Registrar Simoné-Lanique Tjamela said.
This comes after the EFF brought an application before the ConCourt against parliament's blocking of an impeachment inquiry by voting down a Section 89 panel report.
Section 89 of the South African Constitution outlines the process for the removal of the President by the National Assembly on grounds of a serious violation of the Constitution/law, serious misconduct, or inability to perform functions. This requires a two-thirds majority vote.
A report chaired by retired Chief Justice Sandile Ngcobo found there was sufficient evidence to justify parliament in considering whether to establish an impeachment inquiry.
In December 2022, parliament decided not to adopt the Section 89 report, which found that President Cyril Ramaphosa may have a case to answer.
In February 2020, approximately $580,000 (about R8 million at the time) was allegedly stolen from a sofa during a break-in at Ramaphosa’s Phala Phala farm in Limpopo. Sunday Independent broke the story.
The ConCourt will not be ruling on the Phala Phala scandal; instead, it will be considering whether parliament acted correctly in throwing out the report after it was voted against within the national assembly. At the time of the vote, the ANC still held the majority of chairs; however, the stakes may be higher for Ramaphosa than anticipated after the ANC lost its majority during the 2024 general elections.
The ConCourt could order Parliament to process the Section 89 report properly, which found evidence that Ramaphosa may have committed serious violations. The ConCourt might even compel Parliament to refer the matter to a formal impeachment committee for further probing.
This win could weaken Ramaphosa’s political position, and in turn, could see a rise of the EFF leadership, who, for months, have been calling for Ramaphosa to resign. It could also see the DA gain an additional foothold over Ramaphosa and the ANC in the Government of National Unity (GNU).
While Ramaphosa is the president, a win like this for the EFF, and the rifts in the GNU could see the ANC offering little to no protection for Ramaphosa in an impeachment process.
Since 2024, a dramatic drop in confidence in the ANC by voters has been noted across the country.
The matter will also test the judiciary's ability to intervene should Parliament be found to have failed its constitutional duty to hold the executive to account.
robin.francke@iol.co.za
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