EFF demands an immediate impeachment committee against Ramaphosa after Constitutional Court Phala Phala ruling

The Economic Freedom Fighters (EFF) has written to the parliamentary chief whip demanding the immediate implementation of the Constitutional Court’s ruling on the Phala Phala matter.

It has also called for parliament to urgently constitute an impeachment committee to consider the Section 89 independent panel report relating to President Cyril Ramaphosa.

In its correspondence, the party refers to the Constitutional Court judgment delivered on Friday by Chief Justice Mandisa Maya. The judge ruled that the National Assembly’s decision not to refer the independent panel report for consideration by an impeachment committee was unlawful and invalid.

The court further directed that the Section 89 report must be referred to an impeachment committee for proper parliamentary scrutiny.

According to the EFF, parliament is constitutionally obliged to act without delay. 

“We write to you with reference to the judgment of the Constitutional Court granted on Friday 08 May 2026, in terms of which the Court ruled that the decision of the National Assembly not to refer the report of the Independent Panel on whether President Ramaphosa should be impeached or not to a Parliamentary Impeachment Committee to be invalid.”

The party emphasises the binding nature of the ruling, noting that “the Constitutional Court specifically ruled that the National Assembly must refer the Section 89 Independent Panel Report to an Impeachment Committee” and that parliament must take immediate steps to give effect to the judgment.

“We write to you therefore to immediately initiate the process to constitute the Impeachment Committee to give effect to the judgment of the Constitutional Court.”  

The party has also called for clear timelines from parliament on how and when the court order would be implemented, stating: “Kindly revert to us with clear timelines in which you will give effect to this judgment of the apex court in South Africa.”

The matter arises from the long-running Phala Phala farm scandal that centres on allegations relating to the theft of undeclared foreign currency from Ramaphosa’s farm in Limpopo in 2020.

The controversy has since become one of the most politically significant constitutional disputes of recent years, triggering parliamentary proceedings under Section 89 of the Constitution.

The Section 89 independent panel, chaired by former Chief Justice Sandile Ngcobo, previously found prima facie evidence suggesting that the president might have a case to answer. 

Despite the finding, the National Assembly voted in 2022 against adopting the panel’s report, effectively halting the impeachment process at the time.

The parliamentary decision was later challenged by the EFF, alongside the African Transformation Movement (ATM), leading to the Constitutional Court case that has now resulted in the ruling against parliament’s conduct.

The EFF maintains that parliament’s initial refusal to proceed with the report represents a failure to uphold constitutional accountability. 

In its letter, the party argues that the ruling restores the correct constitutional process and ensures that no public office bearer is shielded from scrutiny.

“The Constitutional Court has made it plain that Parliament may not use procedure to shield power from constitutional scrutiny,” the party says, adding that the judgment reinforces the principle that accountability must apply equally to all holders of public office.

To impeach Ramaphosa, parliament would require a two-thirds majority for the motion to succeed and for him to be removed as head of state. This means the EFF would need to secure support from other parties in parliament to reach the required threshold.

If Ramaphosa were impeached, he would lose the benefits attached to the presidency, including a lifetime salary and VIP security protection.

The ruling has prompted strong political reactions across the spectrum.

The Democratic Alliance (DA) has confirmed that it will participate in the impeachment process. DA leader Geordin Hill-Lewis said the party would approach the proceedings guided by constitutional obligations and evidence, stating that “no person, no matter how high their office, should be placed above accountability”.

ActionSA also welcomed the ruling, describing it as a “victory for accountability”. Party chairperson Michael Beaumont said parliament must implement the judgment, arguing that the court had confirmed the parliamentary rule used to block the report was invalid.

The ATM said the judgment confirmed that no president or institution was above the Constitution. Its parliamentary leader, Vuyo Zungula, said the ruling restored the integrity of constitutional oversight, adding that parliament must ensure the impeachment committee was established without delay and that the process proceeded transparently and lawfully.

The Good Party welcomed the court’s decision. Secretary-general Brett Herron said the ruling strengthened the rule of law and ensured that parliament could not avoid its constitutional obligations.

He said the impeachment process must proceed openly, fairly and without political interference.

While several state institutions, including the Public Protector of South Africa, the South African Reserve Bank and the National Prosecuting Authority, have previously cleared Ramaphosa of wrongdoing in certain aspects of the matter, opposition parties argue that unanswered questions remain regarding the circumstances of the Phala Phala incident.

With the Constitutional Court’s ruling now in place, parliament is expected to establish an impeachment committee and set out clear timelines for implementing the court’s directive, marking the next phase in one of the most consequential political and constitutional processes in recent years.