D-Day for Ramaphosa: Constitutional Court to rule on Phala Phala impeachment inquiry

Today marks a critical juncture for South Africa's democratic accountability as the Constitutional Court hears the Phala Phala matter. This case is not merely about President Cyril Ramaphosa; it is a profound test of whether our Parliament can truly function as an independent oversight body, especially within a dominant-party system where the ruling party often controls voting outcomes.

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I look at it from my perspective that parliament sort of complied with its constitution or it aligned itself with constitutional principles. It means that parliament, when they did everything, they worked according to the script.

The Economic Freedom Fighters (EFF) and the African Transformation Movement (ATM) have brought this case, arguing that Parliament acted irrationally by rejecting a Section 89 panel report that found prima facie evidence of wrongdoing. This report, they contend, should have automatically triggered an impeachment inquiry, not been summarily dismissed.

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The panel made a finding which is prima facie evidence that suggests a further inquiry should happen. That is where parliament stepped in and voted against this.

Legal experts, while acknowledging the principle of separation of powers and the reluctance of courts to interfere in parliamentary processes, highlight the crucial question of rationality. Did Parliament's decision to block further investigation align with its constitutional duty to South Africans? As legal scholar Elton Hart suggests, blocking an inquiry that could exonerate the president seems irrational and not in the interest of justice. This sentiment is echoed by governance expert Richard Calland, who sees the case as a litmus test for oversight's independence.

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Courts don’t like to interfere because of the principle of separation of powers and because parliament did not violate the Constitution. Unless the court comes up and says: ‘What you guys did was unconstitutional or irrational.’

From our perspective at the Mail & Guardian, this case echoes the Nkandla judgment, which clarified Parliament's role in holding the executive accountable. The stakes are high: the court's decision will set a precedent for how such matters are handled in the future, potentially strengthening or weakening the mechanisms designed to ensure accountability and prevent impunity. The nation watches closely, hoping for a ruling that upholds the principles of justice and good governance.

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Was the decision rational? You need to now check whether this is consistent with their constitutional duty that they owe to South Africans and not to the president.