Four years later, the Constitutional Court will hear arguments from the EFF and ATM about parliament’s decision not to hold an impeachment inquiry into President Cyril Ramaphosa's Phala Phala controversy.
In 2020, Ramaphosa’s Phala Phala farm was broken into and millions in foreign currency was stolen.
The red berets want the court to set aside parliament’s decision in December 2022 not to adopt a Section 89 panel report which found prima facie evidence “that the president may have committed a serious violation” of law in the Phala Phala farm robbery saga.
While the decision not to adopt the report was taken by parliament in a majority vote, Malema said the “majority rule” is abused for political gain and should be challenged.
“Parliament cannot go against the panel’s report. In South Africa, you cannot abuse the majority. Majoritarianism will only work where there is no constitution. Even a decision of the majority must meet the rational test,” he said.
In December 2022, the National Assembly voted down the ATM's motion to impeach Ramaphosa. The party has now submitted a second application to the ConCourt on the matter.
So far, Ramaphosa has survived several investigations, including by the public protector and the Reserve Bank, into whether he acted unlawfully in the events surrounding the burglary at his game farm.
Last month, Limpopo director of public prosecutions Ivy Thenga decided not to prosecute anyone in relation to the Phala Phala case after a comprehensive investigation by the Hawks.
POLL | Should we still care about the Phala Phala saga?
Image: ESA ALEXANDER/Reuters
Four years later, the Constitutional Court will hear arguments from the EFF and ATM about parliament’s decision not to hold an impeachment inquiry into President Cyril Ramaphosa's Phala Phala controversy.
In 2020, Ramaphosa’s Phala Phala farm was broken into and millions in foreign currency was stolen.
The red berets want the court to set aside parliament’s decision in December 2022 not to adopt a Section 89 panel report which found prima facie evidence “that the president may have committed a serious violation” of law in the Phala Phala farm robbery saga.
While the decision not to adopt the report was taken by parliament in a majority vote, Malema said the “majority rule” is abused for political gain and should be challenged.
“Parliament cannot go against the panel’s report. In South Africa, you cannot abuse the majority. Majoritarianism will only work where there is no constitution. Even a decision of the majority must meet the rational test,” he said.
In December 2022, the National Assembly voted down the ATM's motion to impeach Ramaphosa. The party has now submitted a second application to the ConCourt on the matter.
So far, Ramaphosa has survived several investigations, including by the public protector and the Reserve Bank, into whether he acted unlawfully in the events surrounding the burglary at his game farm.
Last month, Limpopo director of public prosecutions Ivy Thenga decided not to prosecute anyone in relation to the Phala Phala case after a comprehensive investigation by the Hawks.
TimesLIVE
READ MORE:
Should EFF win Ramaphosa’s Phala Phala impeachment case in ConCourt, GNU will be tested
WATCH | ConCourt hears EFF application on parliament's call not to impeach Ramaphosa for Phala Phala
‘Deserting the EFF is an assassination attempt’: Malema
Impeachment rules to be tested in Concourt
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