South Africa’s Constitutional Court will deliver its judgment on Friday, May 8, 2026 [1], regarding the Phala Phala scandal case.
The ruling determines whether the Economic Freedom Fighters (EFF) can force Parliament to adopt a report that suggests President Cyril Ramaphosa has a case to answer for the 2020 Phala Phala theft. A victory for the EFF would revive a legal challenge that has dogged the presidency for years.
The legal battle centers on a December 2022 decision [3] by Parliament to reject the findings of a Section 89 panel report [3]. That 2022 report [4] concluded that the president may have been involved in the scandal. The EFF has since challenged that decision in the highest court in the land, arguing that the legislative body failed its duty of accountability.
Arguments for the case were heard in November 2024 [2]. The court in Johannesburg must now decide if the parliamentary process was flawed and if the report must be formally adopted. The process involves the Chief Registrar, Simoné-Lanique Tjamela, and has placed significant pressure on the administration of President Ramaphosa.
If the court rules in favor of the EFF, it could force a legislative reversal of the December 2022 vote [3]. Such a move would potentially open the door for further investigations or political consequences for the president. The EFF seeks a ruling that ensures the Section 89 panel's conclusions are not ignored by the state.
“The court will decide tomorrow if Parliament must adopt a report implicating President Cyril Ramaphosa.”
This judgment represents a critical test of South Africa's judicial oversight over legislative decisions. If the Constitutional Court overrides Parliament's 2022 decision, it reinforces the principle that parliamentary immunity does not shield the executive from accountability regarding the Section 89 panel's findings.
