Court Clears Path for Ramaphosa Impeachment
- The Constitutional Court of South Africa ruled on May 8, 2026, that the National Assembly acted unconstitutionally when it rejected a parliamentary-appointed independent panel's report regarding President Cyril...
- Chief Justice Mandisa Maya delivered the ruling on Friday, May 8, 2026, stating that the decision by the National Assembly to dismiss the findings of the Section 89...
- The legal battle centers on a report released by a parliamentary-appointed panel led by former Chief Justice Sandile Ngcobo.
The Constitutional Court of South Africa ruled on May 8, 2026, that the National Assembly acted unconstitutionally when it rejected a parliamentary-appointed independent panel’s report regarding President Cyril Ramaphosa. The judgment effectively clears the legal path for a parliamentary impeachment process against the president in relation to the Phala Phala game farm scandal.
Chief Justice Mandisa Maya delivered the ruling on Friday, May 8, 2026, stating that the decision by the National Assembly to dismiss the findings of the Section 89 Independent Panel was unconstitutional. This ruling reverses the previous protection Ramaphosa received from the majority of his party in Parliament, subjecting him to what former African National Congress (ANC) members have described as a painstaking impeachment process.
Findings of the Section 89 Independent Panel
The legal battle centers on a report released by a parliamentary-appointed panel led by former Chief Justice Sandile Ngcobo. The panel was tasked with investigating the circumstances surrounding the theft of approximately US$580,000 from President Ramaphosa’s Phala Phala game farm in Limpopo in February 2020.
The report concluded that there was prima facie evidence suggesting that President Ramaphosa may have violated his oath of office. Specifically, the panel found evidence that foreign currencies kept in the president’s farmhouse had not been declared to the tax authorities. The investigation revealed that Ramaphosa failed to report the break-in and the subsequent theft of the funds to the relevant crime-fighting authorities.
Parliamentary Deadlock and Internal ANC Division
When the panel’s report was first tabled in Parliament in December 2022, the National Assembly became a site of significant internal friction within the ANC. While the majority of ANC members voted to shield the president from being hauled before an Impeachment Committee, a small group of high-ranking party members broke ranks.
Former African Union chairperson Nkosazana Dlamini-Zuma, Mervyn Dirks, former minister Mosebenzi Zwane, and Supra Mahumapelo voted in favor of the Section 89 Independent Panel report in December 2022. This act of defiance against the party line was a rare instance of ANC members voting against their own president on a matter of accountability.
Political Reactions to the Judgment
Following the Constitutional Court’s ruling on May 8, 2026, those who had previously broken ranks with the ANC expressed satisfaction. Nkosazana Dlamini-Zuma welcomed the decision, stating that she believed the judges had reached the correct conclusion.
I am happy that they (judges) took the right decision. Nkosazana Dlamini-Zuma
Mervyn Dirks also welcomed the judgment. In contrast, ANC MP Supra Mahumapelo reserved his comment regarding the court’s ruling on the Phala Phala matter.
President Ramaphosa responded to the judgment by emphasizing the principle of legal accountability. According to reporting by IOL, the president stated that no person is above the law
in welcoming the Constitutional Court’s decision.
Next Steps in the Impeachment Process
The ruling by Chief Justice Maya means that the National Assembly can no longer ignore the findings of the Sandile Ngcobo-led panel. The president must now face the parliamentary processes mandated by the Constitution for the investigation of a breach of oath of office.
This development increases pressure on the National Assembly to initiate the formal impeachment inquiry, a process that will require the parliament to evaluate the prima facie evidence regarding the undeclared foreign currency and the failure to report the February 2020 theft at the Limpopo farm.
