'The president is above the law’: EFF marches to Constitutional Court over Phala Phala judgment

The streets of Johannesburg are expected to be painted red as the Economic Freedom Fighters (EFF) march to the Constitutional Court to demand the release of the judgment on the Phala Phala farm matter.

The march will start at 10 am from Mary Fitzgerald Square in Newtown, Johannesburg, before proceeding to the apex court.

“The Economic Freedom Fighters (EFF) will march to the Constitutional Court of South Africa to demand the release of the judgment on the review of Parliament’s decision to reject an Independent Panel report, which found that there was prima facie evidence of criminal activity at and in relation to the theft of dollars at President Cyril Ramaphosa’s Phala Phala farm,” EFF national spokesperson Thembi Msane said.

She said a criminal case was opened on June 1, 2022, against the president for his alleged involvement in corruption, bribery, kidnapping, and money laundering relating to the theft of $580,000 on his Phala Phala farm in February 2020.

An Independent Panel, led by former chief justice Sandile Ngcobo, was established to determine whether there was prima facie evidence to pursue an impeachment inquiry.

“The inquiry found that prima facie evidence exists and that Parliament ought to exercise its constitutional duty and hold the president accountable,” Msane said.

“It took intimidation by the then ruling party, the African National Congress (ANC), of Members of Parliament, and the irrational and unconstitutional use of the parliamentary majority to reject the Independent Panel report for President Cyril Ramaphosa to escape accountability.”

The EFF subsequently took the matter to the Constitutional Court, seeking to have Parliament’s decision set aside and the report returned to Parliament, which the party says is constitutionally obligated to hold the Executive accountable.

“In what can only be described as a delay of justice that has for too long characterised the highest court in the land, which has been under scrutiny for delayed release of judgments, the Constitutional Court - which heard the EFF’s review application on November 26, 2024 - is yet to release its judgment almost one year later.”

Msane said the failure to release the judgment and provide certainty on whether Parliament’s refusal to hold the Executive accountable was lawful “gives the impression that the president of the Republic of South Africa is above the law”.

She added that ongoing concerns around the potential capture of law enforcement agencies and the judiciary were exacerbated by the “continued and inexplicable withholding of the Phala Phala judgment”, which she said strengthens suspicions of judicial capture.

“The EFF will therefore march to the Constitutional Court to demand the release of the Phala Phala judgment.”

Recently, the Gauteng High Court dismissed an attempt by a civil society organisation to prosecute Ramaphosa over the theft of the $580,000 (R10,059,346) from his farm.

The organisation had sought a summons compelling the Director of Public Prosecutions, Pretoria, Sibongile Mzinyathi, and the National Director of Public Prosecutions, Shamila Batohi, to secure Ramaphosa’s appearance in court under the Criminal Procedure Act.

In a ruling delivered on September 2, Acting Judge Jacques Minnaar said the organisation had legal representation throughout the case and had been given the opportunity to withdraw its application in advance.

“No shred of justification is provided for why the main application was indeed brought and then withdrawn,” he said. The court found no basis to shield the organisation from costs despite its failed attempt to navigate the prosecutorial process.

Two weeks ago, Batohi said the decision by the Limpopo Director of Public Prosecutions not to prosecute the Phala Phala matter was under review.

“It is in review. The matter is at head office. It is being dealt with by the Specialised Commercial Crime Unit (SCCU),” Batohi said.

She was responding to a follow-up question from EFF leader Julius Malema during a parliamentary inquiry into allegations made by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi.

Malema criticised Batohi for initially appearing unaware of the status of the case referred to the Limpopo DPP.

“It will be very worrisome if you come before this platform and say you don’t know what is happening,” Malema said, adding that the Limpopo DPP had in 2024 declined to prosecute the theft of US dollars from President Ramaphosa’s farm.

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