President Cyril Ramaphosa is considering reviving a legal bid to set aside the independent Section 89 panel report into the Phala Phala farm scandal, following the Constitutional Court’s landmark ruling on 8 May 2026 that Parliament acted unlawfully when it blocked further scrutiny of the findings in 2022.
The apex court declared the National Assembly’s December 2022 vote against adopting the panel’s report “inconsistent with the Constitution, invalid, and set aside,” ordering that the report be referred back to Parliament’s impeachment committee for further consideration . Chief Justice Mandisa Maya, delivering the judgment, found that the vote “is a fatal flaw and a violation of the Constitution”.
While the Presidency issued a statement saying Ramaphosa “respects the judgment and reaffirms his commitment to the Constitution, the independence of the judiciary and the rule of law,” sources close to the president indicate that legal advisers are exploring whether a fresh application can be mounted to challenge the panel’s findings directly.
The Section 89 panel, chaired by former Chief Justice Sandile Ngcobo, found prima facie evidence suggesting that Ramaphosa may have committed serious constitutional and legal violations related to the theft of approximately $580,000 in foreign currency from his Limpopo game farm in 2020 . The panel recommended further investigation into possible breaches, including issues surrounding undeclared foreign currency and reporting obligations.
A fresh legal challenge would differ from the case decided by the Constitutional Court, which dealt with Parliament’s procedural handling of the report rather than the report’s substantive findings. Any new bid would likely argue that the panel overstepped its mandate or that its procedures were flawed.
Legal expert Elton Hart of the University of Johannesburg noted that while Friday’s ruling reaffirmed existing constitutional principles, it “was never a landmark ruling” but rather a reminder that “leaders and MPs should follow the constitution and be held accountable”.
Opposition parties, including the EFF and ATM, who brought the successful challenge, have called for the impeachment process to begin immediately . Parliament has indicated it will “carefully study and consider the court’s judgment and its implications for the procedures of the National Assembly”.
The Presidency has not confirmed whether Ramaphosa will proceed with a legal challenge. Any such application would need to be filed urgently, as the impeachment committee is expected to commence its work within weeks
