ConCourt judges set to deliver long-awaited judgment in Phala Phala matter

The Constitutional Court is in the final stages of preparing its highly anticipated judgment regarding the Phala Phala matter, a case that has captivated public attention since it emerged in the wake of a significant burglary scandal at President Cyril Ramaphosa's Limpopo farm.

According to Chief Registrar Simoné-Lanique Tjamela, the court's judgment is expected to be delivered within a month, marking a pivotal moment in an ongoing saga that has raised numerous questions about the integrity of public office and the nation's judicial processes.

The Phala Phala incident, which occurred in February 2020, involved the alleged theft of millions in foreign currency from the president's private property.

The EFF has criticised the delay, noting that more than 480 days have passed since the hearing - far exceeding the judiciary’s guideline that judgments should generally be delivered within three months, unless exceptional circumstances apply.

On Wednesday morning, the EFF protested outside the Constitutional Court. 

The case, heard on November 26,  2024, centres on the EFF’s bid to revive the Phala Phala saga. 

The party approached the apex court in 2024 to challenge Parliament’s December 2022 decision not to adopt the Section 89 panel report, which found that President Cyril Ramaphosa may have a case to answer.

In a further escalation, the party’s Gauteng leadership was protesting outside the Constitutional Court at Constitutional Hill in Braamfontein earlier on Wednesday.

Gauteng provincial chairperson Nkululeko Dunga said the delay raises serious concerns about accountability within the judiciary.

“The EFF remains unwavering in its commitment to transparency, accountability and the defence of the rule of law,” Dunga said, calling for the immediate release of the ruling.

The protest follows a letter from EFF leader Julius Malema to Chief Justice Mandisa Maya, in which he demanded clarity on what the party described as an “unacceptable delay”. 

Malema warned that the prolonged wait risks eroding public confidence in the judiciary and weakening constitutional accountability.

At the centre of the dispute is the case Economic Freedom Fighters v Speaker of the National Assembly and Others, which examines how Parliament handled the Phala Phala matter.

The case is among the most closely watched constitutional matters in recent years, given its implications for executive accountability and parliamentary oversight.

The Phala Phala saga has remained in the political spotlight since it emerged, raising ongoing questions about executive conduct, foreign currency dealings and the handling of investigations.

Although parliamentary and legal processes have attempted to address the issue, the absence of a Constitutional Court ruling has left a gap that opposition parties argue is damaging public trust in key institutions.

The EFF will take its push for accountability to the steps of the Constitutional Court of South Africa on Wednesday, calling for the release of the long-awaited judgment in the controversial Phala Phala scandal.

The protest held on Wednesday follows a letter from EFF leader Julius Malema to Chief Justice Mandisa Maya, in which he demanded clarity on what the party described as an “unacceptable delay”. Malema warned that the prolonged wait risks eroding public confidence in the judiciary and weakening constitutional accountability at the highest levels of government.

At the centre of the dispute is the case Economic Freedom Fighters v Speaker of the National Assembly and Others, which deals with how Parliament handled the Phala Phala matter involving President Cyril Ramaphosa.

The case has become one of the most closely watched constitutional matters in recent years, given its implications for executive accountability and parliamentary oversight.

The Phala Phala saga, linked to allegations at Ramaphosa’s private farm, has remained in the political spotlight since it first emerged. It has raised persistent questions around executive conduct, foreign currency dealings, and the handling of related investigations.

Although parliamentary and legal processes have attempted to address the issue, the absence of a Constitutional Court ruling has left a gap that opposition parties argue is damaging public trust in key institutions.

The matter was heard in November that year, but more than 12 months later, judgment is still pending.

“This matter has now become one of the most delayed judgments in the modern history of the Constitutional Court,” Malema wrote.

He noted that more than 480 days have passed since the hearing, far exceeding the judiciary’s own guideline that judgments should be delivered within three months, unless exceptional circumstances apply.

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