With the Constitutional Court (ConCourt) set to hand down its long-awaited Phala Phala judgment on Friday, 8 May, the controversy could again place President Cyril Ramaphosa under pressure.
The ruling will come more than 500 days after the ConCourt heard arguments in a legal challenge by the Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM) in November 2024.
Why did the EFF and ATM approach the ConCourt?
The parties turned to the apex court after parliament declined to adopt the Section 89 independent panel report, which could have triggered an impeachment inquiry against the president.
The panel concluded that there was sufficient basis for Ramaphosa to answer questions about the theft of approximately $580 000 (about R9.6 million) allegedly stolen from his Phala Phala game farm in Limpopo in February 2020.
However, in December 2022, the National Assembly voted against referring the report for an impeachment process.
The ANC used its majority at the time, with MPs following the party’s instruction to reject the findings.
A further attempt in March 2023 to establish an ad hoc parliamentary committee to probe the matter also failed.
What happened at the Phala Phala farm?
The scandal only became public in June 2022, when former State Security Agency (SSA) boss Arthur Fraser laid criminal charges against Ramaphosa and the head of the Presidential Protection Service (PPS), Wally Rhoode, with the South African Police Service (Saps), alleging that the pair had concealed the theft of $4 million (around R65.5 million).
Ramaphosa later confirmed that a burglary took place, but maintained that the cash was payment for the sale of Ankole cattle to Sudanese businessman, Hazim Mustafa, who had not yet collected the livestock.
Further allegations by Fraser suggested that Rhoode improperly used state resources to investigate the theft and manage its fallout.
Alleged mastermind Imanuwela David, former cleaner at the farm, Froliana Joseph, and her brother Ndilinasho David Joseph are currently on trial at the Modimolle Regional Court in connection with the incident.
Three accused are facing charges including housebreaking, theft, and conspiracy to commit burglary.
David also faces a separate money laundering charge and remains in custody.
What has happened so far?
Fraser’s allegations triggered wide-ranging institutional scrutiny, prompting parliament to appoint a Section 89 panel chaired by former Chief Justice Sandile Ngcobo.
The panel’s findings nearly forced Ramaphosa to step down, though he ultimately remained in office.
Subsequent investigations by the Public Protector, the South African Reserve Bank (SARB), and the South African Revenue Service (Sars) cleared the president of wrongdoing.
However, the Independent Police Investigative Directorate (Ipid) concluded in its report that Rhoode deliberately covered up the break-in at Phala Phala farm in addition to kidnapping the suspects and interrogating them.
What the ConCourt may decide
The upcoming ruling could have significant political consequences.
If the ConCourt finds in favour of the EFF and ATM, parliament may be compelled to reconsider the Section 89 report, potentially reopening the path toward an impeachment inquiry.
However, if the judgment upholds the National Assembly’s position, it would confirm earlier outcomes that found no conclusive evidence of wrongdoing by Ramaphosa.
The apex court previously threw out Ramaphosa’s application seeking to set aside the Section 89 report in March 2023.
It held that “no case has been made out for exclusive jurisdiction or direct access”.
Presidency response ahead of judgment
Ahead of the ruling, Ramaphosa’s spokesperson, Vincent Magwenya, refrained from pre-empting the outcome and stressed that the Presidency would respect the court’s decision.
“We are awaiting the judgment, like you are, and everybody else.
“You’ve heard the president several times, being consistent in his respect for due process, in his respect for the judiciary, and in his support and commitment to respecting the role of the courts in resolving matters of dispute, which is something that’s well expressed and covered within our constitutional framework.
“We will be watching and listening, and going through the judgment as I’m sure all of you will,” Magwenya said during a media briefing on Wednesday, 6 May.
