Speaker Launches Committee to Investigate Phala Phala Impeachment Inquiry

Key Takeaways

• The Constitutional Court ruled that Parliament’s rules must be effective in holding President Cyril Ramaphosa accountable, thereby restarting the impeachment process related to the Phala Phala scandal.
• National Assembly Speaker Thoko Didiza outlined six concrete steps to comply with the court’s judgment, including tabling the independent panel’s report, forming an impeachment committee, and referring the report to that committee.
• The impeachment committee will be constituted under Section 89 of the Constitution, must include representation from every party in the National Assembly, and will operate under clear procedural arrangements and timeframes to be determined by the Speaker.
• The Phala Phala affair concerns allegations that a 2020 burglary of foreign currency at Ramaphosa’s farm was concealed, with the independent panel chaired by retired Chief Justice Sandile Ncgobo finding a prima facie case against the president.
• Although the ANC previously used its majority to block an inquiry in December 2022, the court’s ruling obliges Parliament to proceed, and further details on timelines and operational arrangements will be communicated as they become available.

Background to the Phala Phala Scandal
The Phala Phala saga originated in June 2022 when Arthur Fraser, the former director‑general of the State Security Agency under Jacob Zuma, lodged a kidnapping and money‑laundering case against President Cyril Ramaphosa, Presidential Protection Unit head Major‑General Wally Rhoode, and Crime Intelligence members. Fraser alleged that the officials concealed a February 2020 burglary in which foreign currency was stolen from a couch at Ramaphosa’s Phala Phala farm. The president’s camp maintained that the missing amount—later clarified by a forensic investigation to be roughly US $580 000 (about R15 million)—was a “deposit” for substandard buffalo allegedly purchased from Sudanese businessman Hazim Mustafa, who reportedly arrived at the farm in a limousine on Christmas Day 2019 but never collected the animals.

Independent Panel Findings and ANC’s Initial Response
Following Fraser’s complaint, an independent panel chaired by retired Chief Justice Sandile Ncgobo was appointed to examine the allegations. In its report, the panel concluded that, prima facie, Ramaphosa had a case to answer regarding the concealment of the burglary. Despite this finding, the African National Congress (ANC), which held a decisive majority in the National Assembly, used its numbers on 13 December 2022—just days before its elective conference where Ramaphosa was re‑elected as party leader—to vote down a motion that would have initiated an impeachment inquiry under Section 89 of the Constitution. This effectively stalled the accountability process at the time.

Constitutional Court’s Intervention
The Economic Freedom Fighters (EFF), joined by the African Transformation Movement (ATM), subsequently brought an application to the Constitutional Court, arguing that Parliament’s existing rules prevented proper oversight of the president. After 521 days of deliberation, the apex court delivered its judgment in favour of the applicants. The court held that the National Assembly’s rule allowing it to vote on whether to proceed with an impeachment inquiry was unconstitutional because it undermined the constitutional mandate for accountability under Section 89. Consequently, the court set aside that rule and ordered that the independent panel’s report be referred to an impeachment committee established in terms of the National Assembly’s rules, effectively restarting the impeachment process that the ANC had previously thwarted.

Speaker Thoko Didiza’s Statement and Six‑Step Plan
In response to the judgment, National Assembly Speaker Thoko Didiza issued a statement affirming Parliament’s respect for the court’s order and committing to full compliance. She delineated six sequential steps that will now be undertaken:

1. Tabling the Independent Panel’s Report – Didiza will formally inform the National Assembly of the panel’s findings by placing the report in the appropriate parliamentary journals.
2. Providing the Report to the President – A copy of the report will be supplied to President Cyril Ramaphosa, as directed by the court.
3. Initiating the Constitution of the Impeachment Committee – In line with the court’s judgment, the process to form the impeachment committee to consider a Section 89 inquiry will be launched.
4. Referring the Report to the Committee – The independent panel’s report will be formally submitted to the impeachment committee for its consideration.
5. Referral of the Judgment to the Rules Subcommittee – The Constitutional Court judgment will be sent to the National Assembly Subcommittee on the Review of Rules to assess and propose any amendments required to the Assembly’s rules in light of the court’s findings. The subcommittee will report to the rules committee, which will forward recommendations to the full National Assembly.
6. Determining Procedural Arrangements – Didiza will establish the programme, procedural frameworks, timeframes, and institutional support necessary for the impeachment committee to conduct its work effectively, fairly, and within constitutional and parliamentary rules.

Composition and Functioning of the Impeachment Committee
The rules governing the National Assembly stipulate that every party represented in the house must have a seat on the impeachment committee. As a result, the committee will be comparatively large, resembling the body that handled the removal of former Public Protector Busisiwe Mkhwebane. The committee’s mandate will be to evaluate whether there are sufficient grounds to proceed with a formal impeachment inquiry under Section 89 of the Constitution, which allows for the removal of the president for a serious violation of the Constitution or the law, misconduct, or inability to perform the functions of office. The committee will operate under the procedural arrangements and timeframes to be stipulated by the Speaker, ensuring transparency and adherence to constitutional principles.

Implications and Outlook
The Constitutional Court’s ruling marks a significant moment for South Africa’s democratic accountability mechanisms. By compelling Parliament to act on the independent panel’s findings, the judgment reinforces the legislature’s duty to oversee the executive, irrespective of partisan majorities. While the exact timelines for each of the six steps remain unspecified, Speaker Didiza has indicated that further details concerning programming, operational logistics, and support structures will be communicated as they become finalized. Political analysts anticipate that the impeachment committee’s deliberations will attract intense public and media scrutiny, potentially influencing the political landscape ahead of the next national elections. Regardless of the eventual outcome, the process underscores the judiciary’s role in safeguarding constitutional governance and the legislature’s obligation to uphold the rule of law.

Conclusion
In summary, the Phala Phala scandal has re‑entered the parliamentary arena following a decisive Constitutional Court judgment that nullified a procedural roadblock erected by the ANC. Speaker Thoko Didiza’s six‑step plan outlines a clear pathway toward establishing an impeachment committee, ensuring that the independent panel’s findings are examined, and that the president is afforded the opportunity to respond. As the process unfolds, South Africa will watch closely to see how its institutions balance political realities with constitutional imperatives.