A judgment on whether Parliament erred in its handling of the Phala Phala Farm matter involving President Cyril Ramaphosa is at an advanced stage and expected to be delivered within the coming month, the Constitutional Court said.
Concerns
This comes after EFF leader Julius Malema wrote to Chief Justice Mandisa Maya raising concerns over the delay in the judgment.
“It has now been 494 days since this matter was heard before the Constitutional Court, constituting an extraordinary and unacceptable delay in a matter of profound constitutional and national importance,” the red berets said.
The EFF filed papers in the Constitutional Court in 2024 to declare the decision by the National Assembly not to adopt the Section 89 Independent Panel’s report on Phala Phala, and not to refer it to the Impeachment Committee, irrational and unlawful.
Ramaphosa cleared
In December 2022, the panel, led by former Chief Justice Sandile Ngcobo, found there was a prima facie case that Ramaphosa may have violated his oath of office in connection with the theft of foreign currency from his Limpopo game farm in 2020.
Ramaphosa was cleared by the Public Protector on an ethics complaint and the Reserve Bank on exchange control violations related to the storage and theft of more than U$500 000 from his Limpopo farm.
The Public Protector investigated the 2020 burglary following complaints lodged by DA leader John Steenhuisen, ATM leader Vuyo Zungula and two members of the public.
Reserve Bank
The South African Reserve Bank (SARB) also cleared Ramaphosa of wrongdoing in its investigation into the millions of undisclosed foreign currency that was stolen from his Phala Phala farm in 2020.
Following a year of investigations, the Sarb said in its report that it “cannot conclude” that Ntaba Nyoni Estates CC (the entity involved) or Ramaphosa flouted foreign exchange control laws.
Not satisfied with the findings, the EFF hauled the matter to the highest court in the land.
Malema leter
In the letter to the Apex court, Malema said the delay stands in contradiction to the Norms and Standards for the Performance of Judicial Functions, issued in terms of section 8 of the Superior Courts Act, which provides that, save for exceptional circumstances, judgments should be delivered no later than three months after the last hearing.
The EFF said it was awaiting the Constitutional Court’s forthcoming judgment, expecting that the highest court in the land “will uphold the constitution without fear or favour and affirm the principle that no one is above the law.”
Top secret
In March 2025, an Independent Police Investigative Directorate (Ipid) report on the break-in at Ramaphosa’s Phala Phala farm was classified “top secret” and will not be made public.
This was revealed by Police Minister Senzo Mchunu in a written reply to a parliamentary question by Zungula.
While the Phala Phala reports by the Public Protector and the SA Reserve Bank are publicly available, Mchunu did not explain why Ipid’s report had been classified “top secret” and would not be made public.
A year later, acting Police Minister Firoz Cachalia confirmed that the Ipid had declassified its report into the Phala Phala farm robbery.
However, the report will only be accessible through proper legal processes, he said.
