Particle.news

Constitutional Court Says Phala Phala Ruling Due Within a Month

The imminent ruling will test Parliament’s oversight of the president under South Africa’s Constitution.

Overview

  • The court, through Chief Registrar Simonné Laniqué Tjamela writing for Chief Justice Mandisa Maya, said the judgment is at an advanced stage and expected within a month.
  • The assurance followed a complaint from EFF leader Julius Malema about a delay that he said far exceeded judicial norms since the November 2024 hearing.
  • The case, EFF v Speaker of the National Assembly and Others (CCT35/24), asks whether the National Assembly acted lawfully when it declined to adopt a Section 89 panel report or refer the matter to an impeachment committee.
  • A finding that Parliament erred could force a fresh process in the National Assembly and reshape how lawmakers handle future impeachment steps.
  • Background to the dispute includes mixed official records: a 2022 panel led by former chief justice Sandile Ngcobo found a prima facie case, the Public Protector and Reserve Bank later reported no ethics or exchange-control breaches, and an Ipid report was declassified but remains available only through legal channels.