Constitutional Court invalidates 2022 vote to block Ramaphosa impeachment inquiry
The ruling overturns the previous parliamentary majority's refusal to proceed, requiring Parliament to reconsider the impeachment process following legal challenges from opposition parties.
South Africa's Constitutional Court has declared the National Assembly's 2022 vote to reject an impeachment inquiry into President Cyril Ramaphosa unconstitutional and invalid. In a significant procedural ruling, the court set aside the decision made on 13 December 2022, ordering Parliament to reconsider the matter in light of the Farmgate scandal. Chief Justice Mandisa Maya stated that the previous vote was inconsistent with the Constitution, effectively removing the legal barrier that had blocked an independent investigation into the allegations.
The legal challenge prompting this judicial intervention was launched by the Economic Freedom Fighters and the African Transformation Movement. These opposition parties argued that the National Assembly's decision to dismiss the findings of an independent panel was irrational and unlawful. While the Constitutional Court did not adjudicate the substantive truth of the theft allegations, it ruled that the parliamentary process used to quash the inquiry violated constitutional principles regarding accountability and the rule of law.
The underlying dispute centres on allegations that $580,000 in US banknotes were stolen from President Ramaphosa's private Phala Phala game farm in Limpopo province in 2020. The matter was brought to public attention in June 2022 by former spy boss Arthur Fraser, who accused the President of concealing the theft to avoid scrutiny. Although Ramaphosa has consistently denied wrongdoing, claiming the funds were payment for buffalos purchased by a Sudanese businessman, he has not been charged with a crime. Separate investigations by the Reserve Bank and the Public Protector previously cleared the President of criminal liability.
In 2022, a panel headed by former Chief Justice Judge Sandile Ngcobo investigated the matter and concluded that the President had a case to answer, recommending that an impeachment inquiry be launched. At that time, the African National Congress utilised its parliamentary majority to quash the panel's recommendations, preventing the inquiry from proceeding. This political move prompted the opposition parties to take the matter to the Constitutional Court, which has now ruled that the ANC's use of its majority to block the process was unconstitutional.
The ruling places significant pressure on the current parliamentary composition, as the ANC no longer holds a majority in Parliament but remains the largest party in the government of national unity. The court has ordered the formation of an impeachment committee to investigate the claims that Ramaphosa concealed the theft. The Economic Freedom Fighters have already written to the Speaker of Parliament to immediately initiate the process to form this committee.
Political implications for the ruling party appear severe, particularly regarding the stance of the Democratic Alliance. The DA, the second-largest party in the coalition government, has stated it will uphold the law and draw a clear line between itself and the ANC. DA leader Geordin Hill-Lewis emphasised that the Constitution must come before party loyalty, asserting that no leader should be shielded from answering to the people. This shift suggests that the President cannot rely on coalition partners to block the new committee's formation.
