Several political parties represented in the Government of National Unity (GNU) appear prepared to hold President Cyril Ramaphosa accountable following the Constitutional Court’s Phala Phala judgment
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Several political parties represented in the Government of National Unity (GNU) appear ready to hold President Cyril Ramaphosa accountable after Friday’s Constitutional Court judgment on the Phala Phala matter.
The apex court found that the National Assembly’s December 2022 decision not to refer the Section 89 Independent Panel’s report to an Impeachment Committee, in line with parliamentary rules, was inconsistent with the Constitution, invalid, and therefore set aside.
As a result, the independent panel’s report has now been referred to the Impeachment Committee established under the National Assembly’s rules.
Cape Town Mayor and newly elected DA leader Geordin Hill-Lewis said the party would participate fully and constructively in the Impeachment Committee, calling it a significant moment for Parliament, Ramaphosa’s Presidency, and South Africa’s constitutional democracy.
Hill-Lewis said: “No one should expect the DA to shield wrongdoing. We will never be party to protecting misconduct, covering up corruption, or weakening accountability for political convenience.”
He pledged that the DA, as the second-largest party in the GNU, would be guided by the facts, the evidence presented before the committee, and its constitutional obligations.
“We will not prejudge the outcome. But nor will we allow any person, no matter how high their office, to be placed above accountability,” he promised.
Hill-Lewis further said that those occupying the country’s highest offices must be held to the highest standards of honesty, transparency, and accountability.
“The Impeachment Committee must now do its work properly, rationally, fairly, and constitutionally. The president must have the opportunity to fully account,” he demanded.
IFP chief whip in the National Assembly Nhlanhla Hadebe said Parliament is constitutionally obliged to respect and implement the Constitutional Court ruling, including establishing the relevant Impeachment Committee in accordance with constitutional requirements.
“The court has now affirmed that Parliament acted unlawfully in 2022, when it rejected the findings of the independent panel, which recommended that an impeachment inquiry into Ramaphosa proceed,” he added.
Hadebe said the IFP would take part fully and constructively in the impeachment committee’s proceedings in the interests of accountability, transparency, and the rule of law.
Freedom Front Plus (FF+) leader Dr Corné Mulder criticised aspects of the apex court’s ruling, arguing that it had, to some extent, weakened the separation of powers by directing Parliament on how to handle its internal procedures.
He said the FF+ was uneasy with the judgment because the Constitutional Court had not only ruled on what should happen — namely that the Phala Phala report be investigated — but had also prescribed how the process should unfold going forward.
“The court is encroaching too far into the domain of the legislature (Parliament) by prescribing procedure. It is in the interest of democracy that the legislature is able to act independently and without interference,” Mulder explained.
UDM deputy president and MP Nqabayomzi Kwankwa said the party voted in favour of the impeachment process in 2022 because it sought accountability.
“The Constitution is far above the GNU arrangement,” he said.
Kwankwa described the judgment as a serious indictment against the ANC government, accusing it of using its majority to force through a process aimed at undermining checks and balances relating to Ramaphosa.
Professor Bheki Mngomezulu, director of Nelson Mandela University’s Centre for the Advancement of Non-Racialism and Democracy, said the judgment would test the durability of the GNU coalition.
“To what extent will the multi-party coalition remain intact after this judgment? If voting were to happen soon, how would individual political parties vote now that they are part of the government and are no longer on the opposition benches?” he asked.
Mngomezulu continued: “Would they protect Ramaphosa to keep their positions, or would they defend the country’s Constitution? How would their decision influence the electorate in this year’s election and in the 2029 general election?”
He also questioned where the DA — which served as the official opposition in 2022 and spoke strongly on the Phala Phala issue — would stand now that it is working alongside the ANC, with some of its members serving in Cabinet.
“Will they vote for the retention of (the) blue lights that they obtained by agreeing to work with the ANC, or would they uphold the Constitution and truly represent the people of South Africa and not their own interests? This would be a great test for their loyalty,” Mngomezulu added.