President Cyril Ramaphosa is bracing for a tumultuous week as he confronts two high-profile court battles that could have significant repercussions for his second term in office.
The first challenge stems from the ongoing fallout of the Phala Phala scandal, with the Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM) taking their case to the Constitutional Court. The two parties are challenging the National Assembly’s 2022 decision to dismiss an independent panel report that suggested Ramaphosa may have breached the Constitution in connection with the February 2020 break-in at his Phala Phala game farm.
“Our papers argue that the National Assembly failed in its constitutional duty to hold the Executive accountable,” said ATM spokesperson Zama Ntshona. “Section 55(2) of the Constitution clearly enjoins Parliament to exercise oversight over the President’s actions.”
Central to the case is the Ngcobo panel’s conclusion, led by former Chief Justice Sandile Ngcobo, that Ramaphosa may have violated the Constitution. Critics allege that the ANC shielded him from impeachment through its majority vote in Parliament. The EFF and ATM argue that once an independent panel determines there are grounds for impeachment, Parliament can only reject those findings on legally sound and clearly defined grounds.
Later in the week, Ramaphosa will face a second legal challenge from SECTION27, a public interest law centre. The case concerns his failure to sign the Copyright Amendment Bill (CAB), which advocates argue has delayed access to reading materials for the blind and visually impaired. SECTION27 will argue that this inaction has violated the rights of disabled individuals by restricting their access to information and education.
These twin legal battles come at a precarious time for Ramaphosa, whose presidency has been dogged by scandals and accusations of misconduct. Political analysts suggest that the outcomes of these cases could erode his political capital as South Africa prepares for the 2024 elections.
Today, the Constitutional Court will hear the EFF and ATM’s case against Ramaphosa, the National Assembly, and the ANC. The hearing is expected to scrutinize not only the president’s actions but also Parliament’s handling of the Phala Phala controversy, a saga that continues to dominate South Africa’s political discourse.