Constitutional Court Ruling
South Africa's Constitutional Court on Friday ordered Parliament to reconsider impeachment proceedings against President Cyril Ramaphosa. The ruling stems from allegations that $580,000 in US banknotes were stolen from Ramaphosa's private Phala Phala game farm in 2020. Chief Justice Mandisa Maya declared the Parliament's vote on December 13, 2022, which rejected an impeachment inquiry, "inconsistent with the Constitution, invalid, and it is set aside."
Allegations of Concealment
The allegations against Ramaphosa surfaced in June 2022, when former South African spy boss Arthur Fraser accused the president of concealing the theft at his farm in Limpopo province. These allegations suggest Ramaphosa sought to avoid scrutiny over the large amount of foreign currency held on his property. Despite the accusations, Ramaphosa has not been charged with any crime and maintains his innocence, stating the money was payment for buffalos bought by a Sudanese businessman.
Previous Investigations
Prior to the court's ruling, Ramaphosa was cleared in separate investigations by the Reserve Bank, the Revenue Service, and the Public Protector. In 2022, Parliament instructed a panel headed by former chief justice Judge Sandile Ngcobo to investigate the matter. The panel found Ramaphosa had a case to answer and recommended an impeachment inquiry. However, the African National Congress (ANC) used its majority in Parliament to quash the panel's recommendations, prompting the Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM) to take the matter to court. The court ordered the report be referred to an impeachment committee.
Opposition Parties' Response
The EFF wrote to the Speaker of Parliament to "immediately initiate the process" to form the impeachment committee. EFF leader Julius Malema told supporters after the ruling that "Ramaphosa is going to jail" and that the impeachment process will reveal evidence that will lead to his imprisonment. The legal challenge was launched by the EFF and the ATM, who argued that Parliament's decision to dismiss the panel's findings was irrational and unconstitutional.
Ramaphosa's Defense
Ramaphosa's office stated that he has consistently provided his full assistance to the various inquiries into the matter. "President Ramaphosa maintains that no person is above the law and that any allegations should be subjected to due process without fear, favor or prejudice," the Presidency said.
Coalition Government's Stance
While the ANC no longer holds a majority in Parliament, it remains the largest party in Ramaphosa's government of national unity. Geordin Hill-Lewis, leader of the Democratic Alliance (DA), the second-largest party in the coalition government, said the DA would "uphold the law" and that the ruling drew "a clear line between the DA and the ANC." Hill-Lewis added that the DA stands for a different kind of politics in which the Constitution comes before party loyalty.
With the court ordering Parliament to reconsider impeachment proceedings, South African lawmakers must now decide whether to form an impeachment committee, potentially reshaping the country's political future.
