Simon Majadibodu|Published
By Simon Majadibodu and Ntsikelelo Qoyo
Constitutional Court Nears Verdict on Phala Phala Controversy
The Constitutional Court is approaching the conclusion of its deliberations on the highly scrutinized Phala Phala case, which has dominated headlines since the reported burglary at President Cyril Ramaphosa’s farm in Limpopo.
Chief Registrar Simoné-Lanique Tjamela has indicated that the court’s ruling is anticipated within the next month, a decision that could significantly influence public trust in both governmental integrity and judicial transparency.
Background of the Phala Phala Incident
In February 2020, a break-in at the president’s private estate allegedly resulted in the theft of millions of rand in foreign currency, sparking widespread debate and investigation.
EFF Voices Frustration Over Judicial Delays
The Economic Freedom Fighters (EFF) have expressed strong dissatisfaction with the protracted wait for the court’s judgment, noting that over 480 days have elapsed since the hearing, far surpassing the judiciary’s standard guideline of delivering judgments within three months barring exceptional circumstances.
The case, which was heard on November 26, 2024, revolves around the EFF’s efforts to revive scrutiny of the Phala Phala affair.
EFF Challenges Parliamentary Handling of the Case
In 2024, the EFF petitioned the Constitutional Court to contest Parliament’s December 2022 decision to reject the Section 89 panel report, which suggested that President Ramaphosa might have grounds for accountability.
Amid rising tensions, the EFF’s Gauteng leadership staged a protest outside the Constitutional Court at Constitutional Hill in Braamfontein, underscoring their demand for judicial transparency.
Calls for Judicial Accountability
Gauteng provincial chairperson Nkululeko Dunga emphasized that the delay undermines confidence in the judiciary’s commitment to accountability.
“The EFF remains steadfast in advocating for openness, responsibility, and upholding the rule of law,” Dunga stated, urging the court to expedite the release of its verdict.
This demonstration followed a letter from EFF leader Julius Malema to Chief Justice Mandisa Maya, demanding an explanation for what the party terms an “unacceptable delay.”
Malema cautioned that the extended postponement could erode public faith in the judicial system and weaken constitutional oversight.
Legal Focus: Economic Freedom Fighters v Speaker of the National Assembly and Others
The core legal dispute centers on how Parliament managed the Phala Phala matter, with the case scrutinizing the legislative body’s response and adherence to constitutional principles.
ActionSA Alleges Deliberate Postponement of IPID Report
Meanwhile, ActionSA has accused the Independent Police Investigative Directorate (IPID) of intentionally delaying the publication of its investigative report on the scandal, despite acting Minister Feroz Cachalia’s February statement to Parliament that the report was no longer classified.
Following a Promotion of Access to Information Act (PAIA) request filed by ActionSA to access the report, IPID sought an extension to process the application.
IPID Clarifies Report Access Procedures
Responding to inquiries, IPID spokesperson Lizzy Suping confirmed that the investigation report was declassified in February 2026.
“Individuals interested in obtaining the report must submit a PAIA request to our Information Officer,” Suping explained. “Requests that meet PAIA criteria will be granted access, although personal information will be redacted and annexures excluded.”
Minister Cachalia Affirms IPID’s Independence
Kamogelo Mogotsi, spokesperson for Minister Cachalia, reiterated that the minister does not have authority to compel IPID to release the report, emphasizing the directorate’s operational independence.
“The Minister’s role is strictly limited by legislation to protect IPID’s autonomy and does not involve directing or interfering with investigations or findings,” Mogotsi stated, referencing a departmental media release issued last month.
Cape Times
