JOHANNESBURG — The Constitutional Court of South Africa has sent the Phala Phala matter back to Parliament after ruling on Friday that lawmakers acted irrationally when they rejected the Section 89 panel report in 2022.
The judgment was delivered at 10:00 on 08 May 2026, more than 520 days after the Economic Freedom Fighters (EFF) and African Transformation Movement (ATM) approached the apex court.
The court found that Parliament failed in its constitutional obligations when it voted against the report, which had concluded that President Cyril Ramaphosa had a case to answer regarding the theft of $580 000 allegedly stolen from a couch at his Limpopo game farm in 2020.
The court has now ordered Parliament to reconsider the report and properly deal with the process.
The EFF, which has led calls for accountability in the matter, welcomed the ruling.
“This restores faith that no one is above the law,” said EFF leader Julius Malema. “We have been the only consistent voice demanding accountability since the beginning. Today the court has confirmed Parliament cannot shield the President from scrutiny.”
The Democratic Alliance (DA) also described the ruling as a victory for accountability.
“This vindicates the principle that Parliament must act without fear or favour,” said DA Federal Council Chairperson Helen Zille. “The National Assembly must now treat the report with the seriousness it deserves and avoid further delays.”
ATM President Vuyo Zungula said the judgment gives the public another opportunity to get answers on the matter.
“The people deserve answers on what happened at Phala Phala. Parliament now has a chance to correct its mistake,” he said.
Responding to the ruling, the Presidency said it had noted the judgment of the court in the matter brought by the EFF regarding Section 89 proceedings against the President.
“The President respects the Constitutional Court’s judgment and reaffirms his commitment to the Constitution, the independence of the judiciary and the rule of law,” spokesperson to the President Vincent Magwenya stated.
The Presidency further stated that Ramaphosa has consistently cooperated with all inquiries related to the matter.
“President Ramaphosa maintains that no person is above the law and that any allegations should be subjected to due processes without fear or favour or prejudice,” the statement added.
“The President calls on all South Africans to respect the Constitutional Court judgment and judicial institutions.”
Constitutional expert and lawyer Jonas Sibanyoni of JB Sibanyoni Attorneys said the ruling significantly changes the legal and political landscape around the matter.
“Parliament must redo the process. The National Assembly will have to reconsider the Section 89 panel report on Phala Phala, hold a proper debate, and vote again,” Sibanyoni said.
He added that Rule 129 had effectively been weakened by the judgment.
“The Court has declared that Rule 129I(3) is unconstitutional insofar as it allows a simple majority to block debate without engaging the merits. Future impeachment processes can’t be shut down by numbers alone,” he said.
Sibanyoni also warned that the ruling increases political pressure on Ramaphosa.
“With the ANC at 40.2% and no outright majority, a fresh vote means Ramaphosa may need support from GNU partners such as the DA, IFP and others to survive politically,” he said.
He added that the ruling could place strain on the Government of National Unity (GNU).
“The DA would have to decide whether to vote with the EFF and MK against an ANC president they are currently governing with. That could destabilise the GNU and potentially trigger early elections,” Sibanyoni said.
Parliament will now have to determine a date to bring the report back before the House.
