South Africa's Constitutional Court ruled Friday that Parliament acted unconstitutionally by rejecting a report on the Phala Phala farm theft [1].
The decision forces the legislature to revisit a high-profile scandal involving President Cyril Ramaphosa, potentially reopening the door to impeachment proceedings. It signals a judicial rebuke of Parliament's attempt to shield the presidency from accountability.
Chief Justice Mandisa Maya delivered the judgment in Johannesburg on May 8, 2026 [1]. The court focused on a parliamentary vote that took place in 2022 [1], during which lawmakers rejected the findings of a Section 89 independent panel. That panel had recommended that Parliament launch an impeachment inquiry into the president regarding the theft and concealment of foreign currency at his Phala Phala farm [1], [2].
"The court finds that Parliament’s decision was unconstitutional and contrary to the Constitution’s provisions on accountability," Maya said [1].
The ruling follows a legal challenge led by the Economic Freedom Fighters (EFF). The court determined that Parliament breached constitutional accountability provisions by refusing to consider the independent panel's recommendations [1], [3]. Consequently, the court ordered that the Section 89 panel report must be tabled again for parliamentary consideration [2].
Julius Malema, leader of the EFF, said the ruling was a victory for the rule of law and for South Africans demanding accountability [3].
President Ramaphosa has previously denied wrongdoing regarding the funds. However, the court's decision removes the legal barrier that had previously blocked the impeachment process from advancing based on the 2022 vote [1], [2].
“"The court finds that Parliament’s decision was unconstitutional and contrary to the Constitution’s provisions on accountability."”
This ruling restores the legal mechanism for presidential impeachment in South Africa by overturning a legislative shield. While the court did not find the president guilty of a crime, it affirmed that Parliament cannot unilaterally ignore the recommendations of an independent accountability panel. The political outcome now depends on whether the current parliamentary majority is willing to initiate the formal impeachment process.





