South Africa's Constitutional Court ruled Friday that the National Assembly's decision to block the Phala Phala Section 89 impeachment process was unconstitutional [1].
The judgment marks a significant legal blow to the legislative branch's attempt to shield the presidency from a formal accountability process. By overturning the block, the court has reaffirmed that parliamentary decisions must align with constitutional mandates regarding transparency, and the rule of law.
The court found that Parliament erred in blocking the Section 89 report [2]. This action was deemed a violation of constitutional provisions concerning accountability and the rule of law [2]. The ruling was delivered on May 8, 2026 [1] at the Constitutional Court in Pretoria [2].
In a statement following the decision, the Presidency noted the court's findings. "President Cyril Ramaphosa respects the Constitutional Court's judgment and reaffirms his commitment to the Constitution, the independence of the judiciary and the rule of law," the Presidency said [3].
The decision has been met with praise from political opponents. The Economic Freedom Fighters (EFF) described the judgment as a "vindication of rule of law" [2]. The party had previously pushed for the impeachment process to proceed based on the findings of the Section 89 report.
The legal battle centered on whether the National Assembly had the authority to dismiss the report without following the prescribed constitutional steps. The court's conclusion suggests that the legislature cannot unilaterally bypass accountability mechanisms when they are triggered by constitutional requirements, a precedent that strengthens judicial oversight of parliamentary proceedings [2].
“The Constitutional Court declared the National Assembly’s decision to block the Phala Phala Section 89 impeachment process unconstitutional.”
This ruling restricts the ability of the South African Parliament to block impeachment proceedings through simple majority votes if such actions violate constitutional accountability standards. It establishes that the judiciary can intervene when the legislative process is used to obstruct the rule of law, potentially reopening the door for the Phala Phala impeachment process to move forward.





