Should EFF win Ramaphosa’s Phala Phala impeachment case in ConCourt, GNU will be tested

Should the EFF win its case challenging parliament's decision not to hold an impeachment inquiry into President Cyril Ramaphosa it would provide a “good strength test” on whether the government of national unity (GNU) would save its leader from ousting.  

This was the sentiment expressed by political analyst and Tshwane University of Technology lecturer Dr Levy Ndou to TimesLIVE Premium ahead of the EFF's Constitutional Court case hearing on Tuesday.    

The EFF is battling for its soul and redefining the party’s agenda as “corruption busters” amid a leadership shake up.

The party wants to paint Johannesburg red when they march from Newtown to the court in Braamfontein on Tuesday. 

The red berets want the court to set aside parliament’s decision in December 2022 not to adopt a Section 89 panel’s report which found prima facie evidence “that the president may have committed a serious violation” of law in the Phala Phala farm robbery saga.

In 2020, Ramaphosa’s Phala Phala farm was broken into and millions in foreign currency was stolen from couches.

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. 

Malema was speaking to the media on Monday during a site visit at the Nasrec expo centre, the venue for its elective conference next month.

“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.

Ndou told TimesLIVE Premium the EFF’s case would provide an opportunity for the GNU to show whether it would disband previous fights against Ramaphosa and protect him.

GNU partners the UDM and DA previously initiated legal cases against Ramaphosa over the Phala Phala scandal.

Both parties wanted the head of the GNU to be investigated to determine whether he contravened exchange control regulations after US dollars were found at his farm. 

“If the EFF wins the case, it will be a big boost for them. It will require the entire process be done again. But even so, the matter when it goes back to parliament will need a majority vote. That will also be a good test to tell the strength of the GNU,” Ndou said. 

He said the matter also provides an opportunity for opposition parties to unite. 

“Many political parties feel that if there is something to hang onto it is the issue of Phala Phala. It can also bring the EFF and MK Party together. If there is one issue all of those opposed to the ANC agree on its Phala Phala. It is only Phala Phala that can be raised against the president,” he said. 

“In the context of separation of powers, the court should allow parliament to exercise its powers without the interference of the court. In the same breath, when parliament has erred on something, you need to get the opinion of the court. We will see what the court decides.”