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S. Africa’s Top Court Orders Reconsideration of Parliament’s Decision
(MENAFN) South Africa’s Constitutional Court has ordered a review of a parliamentary decision that previously blocked impeachment proceedings against President Cyril Ramaphosa, according to reports.
The ruling requires lawmakers to reassess the National Assembly’s 2022 vote in which it rejected a report that could have triggered a formal impeachment inquiry. The court found that the process used to dismiss the report may not have complied with constitutional requirements, and instructed Parliament to reconsider its handling of the matter.
The case originates from the Phala Phala controversy, which involved a 2020 burglary at Ramaphosa’s private game farm in Limpopo. The president has stated that approximately $580,000 in foreign currency was stolen from a couch on the property. However, former intelligence chief Arthur Fraser alleged that the amount involved was significantly higher, claiming it may have reached $4 million.
A parliamentary panel established under Section 89 concluded that there was preliminary evidence suggesting the president could have a case to answer, including questions related to disclosure and management of the incident. Despite this, the National Assembly voted in December 2022 not to adopt the panel’s findings, effectively stopping impeachment proceedings at that stage.
Opposition parties challenged the decision, arguing that Parliament had failed in its constitutional duty to properly consider the panel’s report. The Constitutional Court agreed that the rejection process was flawed and should be set aside, but it did not evaluate the underlying allegations themselves.
The ruling does not remove Ramaphosa from office, nor does it determine guilt or wrongdoing. The president has consistently denied any misconduct, and no criminal charges have been brought by relevant state institutions. His legal representatives have maintained that Parliament acted within its authority in its original decision.
The ruling requires lawmakers to reassess the National Assembly’s 2022 vote in which it rejected a report that could have triggered a formal impeachment inquiry. The court found that the process used to dismiss the report may not have complied with constitutional requirements, and instructed Parliament to reconsider its handling of the matter.
The case originates from the Phala Phala controversy, which involved a 2020 burglary at Ramaphosa’s private game farm in Limpopo. The president has stated that approximately $580,000 in foreign currency was stolen from a couch on the property. However, former intelligence chief Arthur Fraser alleged that the amount involved was significantly higher, claiming it may have reached $4 million.
A parliamentary panel established under Section 89 concluded that there was preliminary evidence suggesting the president could have a case to answer, including questions related to disclosure and management of the incident. Despite this, the National Assembly voted in December 2022 not to adopt the panel’s findings, effectively stopping impeachment proceedings at that stage.
Opposition parties challenged the decision, arguing that Parliament had failed in its constitutional duty to properly consider the panel’s report. The Constitutional Court agreed that the rejection process was flawed and should be set aside, but it did not evaluate the underlying allegations themselves.
The ruling does not remove Ramaphosa from office, nor does it determine guilt or wrongdoing. The president has consistently denied any misconduct, and no criminal charges have been brought by relevant state institutions. His legal representatives have maintained that Parliament acted within its authority in its original decision.
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