The Constitutional Court. (Photo: Reint Dykema)
The special vote that had to determine at the time whether pres. Cyril Ramaphosa had to be placed in a state of impeachment because of the Phala Phala scandal, was unconstitutional and therefore invalid.
This is what Chief Justice Mandisa Maya has now decided in the Constitutional Court.
The long-awaited verdict was delivered on Friday morning.
Parliament must now correct its mistake and the article 89 panel’s report, which found there was enough evidence that Ramaphosa violated the Constitution in relation to the Phala Phala scandal, must be referred to an impeachment committee.
That committee will then have to decide on Ramaphosa’s future.
The verdict is already considered a big moment for the parliament, the presidency and finally the democracy as it will not only determine Ramaphosa’s way forward as president, but also how the parliament will hold all future presidents accountable.
Judge Mandisa Maya (Photo: X)
Voting was unconstitutional
Members of Parliament had to vote in December 2022 whether to reject or accept the Article 89 panel’s report, which found there was enough evidence that Ramaphosa had violated the Constitution.
If enough members of parliament would vote in favor of the report, the case would be referred to an impeachment committee and Ramaphosa could possibly be placed in a state of impeachment.
A total of 214 members of parliament finally voted “no” to impeach Ramaphosa against 148 who voted “yes”.
However, Maya has now ruled that the rule the National Assembly used to prevent the investigation report from being referred to the impeachment committee was unconstitutional.
Argieffoto. (Photo: Guillem Sartorio/AFP)
Now to the impeachment committee
“The fact that this report must now return to parliament where the ANC no longer has a majority that can protect the president in terms of the Constitution is a victory for accountability,” says Michael Beaumont, the chairman of ActionSA.
Beaumont said on Friday shortly after Maya’s verdict that ActionSA’s parliamentary team is ready to participate in the parliamentary processes that will now follow.
Beaumont says ActionSA has until now driven the Phala Phala case from the opposition benches.
He says that now is the time for the parties in the government of national unity (GNE), which until now have remained silent about Phala Phala, to show whether they will act for themselves for South Africans.
“The court has now made it clear that parliament must correct its rules, and that the article 89 report must go to an impeachment committee, says Geordin Hill-Lewis, the federal leader of the DA. “The DA will participate fully and constructively in the impeachment committee.
“We will be guided by the facts, by the evidence placed before the committee and by our constitutional duty. We will not prejudge the outcome. But we will also not allow any person, no matter how high the office, to be placed above accountability.”
Pres. Cyril Ramaphosa (Photo: Stefan Heunis/AFP)
Hill-Lewis pointed out on Friday that the verdict is a “serious moment” for parliament, for the presidency and for South Africa’s constitutional democracy.
“South Africa’s democracy rests on the simple principle that public office rests on public trust. Those who hold the highest offices in the country must be held to the highest standards of honesty, transparency and accountability.”
He then argues that the DA is the party of ethics, clean government and constitutionalism.
“Across South Africa, where the DA governs, we work every day to restore integrity in government, rebuild public trust and show that public power should only be used in the public interest.
“This is the standard we will bring to this process,” says Hill-Lewis.
“No one should expect the DA to protect wrongdoing. We will never be part of protecting misconduct, covering up corruption or weakening accountability for political convenience.
“The impeachment committee must now do its work properly, rationally, fairly and constitutionally. The president must have the opportunity to be fully accountable.
“Parliament must have the opportunity to establish the facts. And the South African people must have confidence that their institutions act without fear, favoritism or prejudice.”
Geordin Hill-Lewis, federal leader of the DA. (Photo: DA/X)
Implications extend far beyond Ramaphosa
Hill-Lewis pointed out on Friday that the implications of Maya’s ruling extend beyond one single president.
“This will determine how parliament holds all future presidents accountable.”
Hill-Lewis says the DA will therefore approach the process with the seriousness, discipline and constitutional responsibility it requires.
“This judgment also draws a clear line between the DA and the ANC. For too long, the ANC has led a political culture in which accountability is delayed, diluted or avoided when it becomes inconvenient.”