ANC Calls Emergency NEC Meeting After Constitutional Court Revives Phala Phala Impeachment Probe
On Monday, ANC secretary‑general Fikile Mbalula issued a memo summoning the National Executive Committee (NEC) to an urgent special session in Cape Town on Tuesday evening. The meeting is intended to brief NEC members on the Constitutional Court’s landmark ruling concerning the Phala Phala matter and to chart the party’s response to the revived impeachment proceedings against President Cyril Ramaphosa.
Background: The Phala Phala Saga
The controversy centres on the alleged concealment of US $580,000 (approximately R8.2 million) found hidden in a couch at Ramaphosa’s Phala Phala farm in 2020. The president stated the money was payment for Ankole buffalo purchased from a Sudanese businessman and reported the theft to the Presidential Protective Service. An independent panel, chaired by former Chief Justice Sandile Ngcobo, was convened by National Assembly Speaker Thoko Didiza to investigate whether the incident amounted to a serious violation of the Executive Ethics Code.
In December 2022, Parliament voted to block the panel’s recommendation for a full‑scale impeachment inquiry, relying on National Assembly Rule 129(i)(b), which allowed MPs to abandon the process after the panel’s findings.
Constitutional Court Ruling
On 23 February 2024, the Constitutional Court delivered a judgment that declared Rule 129(i)(b) unconstitutional and invalid. The court found that Parliament’s decision to halt the impeachment process violated the constitution because it allowed legislators to terminate proceedings even after an independent panel had determined there was sufficient evidence of possible misconduct.
The ruling effectively:
- Annuls the December 2022 parliamentary vote that stopped the inquiry.
- Orders that, pending amendment of parliamentary rules, the matter must be “referred” to an impeachment committee for a full investigation whenever an independent panel finds sufficient evidence.
- Removes Parliament’s discretion to end the impeachment proceedings at this stage.
Legal analysts describe the decision as a “major blow” to both President Ramaphosa and the ANC, as it reinstates a constitutional pathway that could lead to a formal impeachment inquiry—the first of its kind in South Africa’s democratic era.
ANC’s Immediate Response
Following the judgment, ANC officials convened marathon talks on Monday morning. Participants included Speaker Thoko Didiza, ANC leader Mdumiseni Ntuli, and senior legal counsel such as advocate Tembeka Ngcukaitobi. The discussions focused on:
- Assessing the legal and political implications of the court’s order.
- Exploring options for the president, including accepting the Ngcobo panel’s report for consideration.
- Evaluating whether to seek a narrowing of the impeachment committee’s mandate—a move likely to draw strong opposition from opposition parties demanding a full investigation.
In a statement released Monday, Parliament affirmed its respect for the judgment and confirmed that Speaker Didiza would initiate the process of reviving the impeachment case against the president. The statement noted that further details on the composition, programming, and operational arrangements of the impeachment committee would be disclosed through standard parliamentary procedures.
What Lies Ahead?
The NEC meeting on Tuesday is expected to produce a unified ANC position on how to proceed. Possible outcomes include:
- Endorsing a formal impeachment committee investigation, thereby complying with the court’s directive.
- Seeking legislative amendments to modify the impeachment process while attempting to mitigate political fallout.
- Advising President Ramaphosa on a potential voluntary acceptance of the panel’s findings, which could influence the tone of any ensuing inquiry.
Political observers caution that any attempt to dilute the committee’s mandate could trigger legal challenges and intensify scrutiny from civil society organisations and the media. Conversely, a transparent, full‑scale investigation may help restore public confidence in the accountability mechanisms of the state.
As the situation develops, the ANC’s handling of the Phala Phala affair will likely serve as a litmus test for the party’s commitment to constitutional governance and internal discipline ahead of the next electoral cycle.
