The Constitutional Court has ruled Parliament’s handling of the Phala Phala matter unconstitutional and invalid, ordering fresh impeachment processes, while BOSA welcomed the judgment as a victory for accountability and GOOD said prior investigations had already cleared the President but left public uncertainty over the case.
Image: Phando Jikelo / Parliament of SA
The Build One South Africa (BOSA) party has welcomed the Constitutional Court of South Africa’s ruling that declares Parliament’s handling of the Phala Phala matter unconstitutional and invalid.
BOSA said the judgment is a victory for constitutional accountability and the rule of law in South Africa.
This comes after the court found that Rule 129I of the National Assembly is inconsistent with the Constitution and therefore invalid.
It further ruled that the National Assembly's decision to reject the independent panel report was irrational and unconstitutional, and directed that the matter be referred to Parliament’s impeachment committee.
BOSA said the ruling reaffirms a key democratic principle that “no one is above the law – not the President, and not Parliament itself.”
The party said Parliament must now comply fully with the judgment by adopting the independent panel report and immediately commencing the parliamentary investigative process de novo in line with Section 89 of the Constitution.
''The Court’s ruling sends a clear message that constitutional obligations cannot be sidestepped for political convenience, and that Parliament cannot abandon its duty to hold the executive accountable,'' said BOSA spokesperson Rodgers Solomons.
BOSA said the Phala Phala matter raised serious allegations against President Cyril Ramaphosa.
It said instead of allowing due constitutional processes to unfold, the majority in Parliament shielded the President from scrutiny by improperly rejecting the independent panel report.
The party said the Constitutional Court has now corrected that constitutional failure.
''Today, the Court has corrected that constitutional failure,'' said Solomons.
It said accountability mechanisms exist not to target individuals, but “to protect the integrity of South Africa’s constitutional democracy.”
BOSA warned that when Parliament fails to act independently and courageously, it weakens public trust in democratic institutions and undermines the principle that all public representatives are subject to the law.
Solomons said the ruling reinforces constitutional accountability.
''South Africans deserve a Parliament that acts without fear or favour, and a government that understands that public office does not place anyone beyond accountability.''
BOSA said it will continue to stand for constitutionalism, ethical leadership and a capable state grounded in transparency and accountability.
Meanwhile, the GOOD Party said several institutions had already investigated aspects of the Phala Phala matter, including the Public Protector, the South African Reserve Bank and the National Prosecuting Authority, and had cleared President Cyril Ramaphosa of wrongdoing.
In a statement issued by GOOD Secretary-General Brett Herron, the party said that although the President had been cleared, the investigations had left ordinary South Africans without a clearly understandable version of events.
It said Parliament’s handling of the matter had compounded secrecy and controversy, noting that an independent panel headed by a former Chief Justice had initially recommended impeachment, but that MPs later voted to reject the report.
The GOOD Party said that despite extensive investigations, “a veil of mystery continues to surround the case,” adding that it remained in the President and the nation’s best interest that he takes South Africans into his confidence.
The party noted that the Constitutional Court has now ordered Parliament to proceed with the impeachment process recommended by the Section 89 Independent Panel.
It said Parliament could have avoided the outcome had it adopted its compromise proposal in December 2022, which suggested accepting the report while delaying impeachment pending a review by the President.
The GOOD Party added that after Parliament rejected the report and the President did not pursue a review, the matter was left open for further legal challenge.
Herron said that if the President has full answers regarding what happened on his farm, he has nothing to lose from an impeachment process and everything to gain from public transparency, adding that “if he is impeached, it will define his legacy.”
''Either way, the Court’s ruling is yet another setback for public trust in political representatives. The matter will cast a deep shadow over local government elections later this year.''
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