EFF turns to ConCourt to challenge parliament’s rejection of Phala Phala report

The Economic Freedom Fighters (EFF) has filed papers in the Constitutional Court to declare the decision taken by the National Assembly, not to adopt the Section 89 Independent Panel’s report on Phala Phala, and not refer it to the Impeachment Committee as irrational and unlawful.

This comes after the panel, led by former chief justice Sandile Ngcobo, found there was a prima facie case that President Cyril Ramaphosa may have violated his oath of office in his actions regarding the theft of foreign currency from his Limpopo game farm in 2020.

However, the African National Congress (ANC) used its majority in parliament to vote against the adoption of the report.

ANC abusing powers

In court papers, the EFF argues that the panel’s report was rejected because the ANC “abused its majority” in parliament.

EFF leader Julius Malema’s founding affidavit said by the ANC caucus voting to reject the panel report, the governing party was doing something which Chief Justice Raymond Zondo had warned against in one of his State Capture Commission reports: using its “majority to politically protect a sitting president regardless of the legal merits of the case he must answer.”

Malema cited Zondo’s warning that MPs should not be subjected to bullying by their political parties to vote for wrong decisions simply because they’re “toeing the party line.”

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According to Malema’s affidavit, this is proven by a statement ANC national chair Gwede Mantashe made to the governing party’s caucus before the vote on the panel report, where he appeared to be threatening ANC MPs of harsh consequences they may face for voting against the party line.

“Importantly, and especially for this court to bear in mind, the panel reached these prima facie conclusions after considering, analysing, and evaluating the evidence before them.

“Following this exercise, the panel reached the conclusion that the grounds listed in Section 89(1) of the Constitution had been met, and the President does have a prima facie case to answer,” Malema’s affidavit read.

Ramaphosa not innocent

The EFF said the fact that the “ANC abused their majority in Parliament to bury the scathing Phala Phala report, does not by any stretch of the imagination mean that he is innocent.”

“The EFF is confident that the application to the Constitutional Court will be successful as there is precedence of illegal and irrational decisions taken by Parliament, that are rooted in partisanship instead of rationality, being set aside by the highest court in the land.

The red berets said, as things stand, parliament is “toothless,” and has once again failed to hold the executive accountable.

“Members of Parliament are suspended for holding Ramaphosa accountable for corruption and constitutional delinquency, the rules of Parliament are changed drastically to stifle opposition voices, and the ruling party uses its political majority to vote against efforts of holding those who lead our country accountable for violations of our Constitution,” the EFF said.

The EFF said it will not be “complicit in the destruction of Parliament as an institution of transparency and accountability, and will not stand idly by as the Constitution of South Africa is violated with impunity.”

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