South African Communist Party shares statements regarding Constitutional Court ruling on Phala Phala

In 2022, the former head of the South African State Security Agency filed a criminal complaint against President Cyril Ramaphosa. Fraser accused Ramaphosa of kidnapping, bribery, money laundering and “concealing a crime” in relation to the alleged theft of $4 million from his Phala Phala farm. Ramaphosa issued a statement confirming a robbery on his farm on 9 February 2020, saying that 'proceeds from the sale of game were stolen', but denying any wrongdoing or criminal conduct. However, there was no investigation as Parliament, which had an ANC majority, voted against establishing an impeachment inquiry into Ramaphosa regarding the Phala Phala report in 2022.

The South African Communist Party (SACP) has made a statement after Constitutional Court’s judgment on the application to declare unconstitutional the 2022 parliamentary vote on an impeachment motion relating to the Phala Phala scandal. 

“As the SACP, we respect the authority of the court, respect its decision and thus welcome the judgment.

All structures of the state are bound by decisions of the courts, and these include the National Assembly as a body that was at the centre of this application. It follows, therefore, that parliament is expected to abide by the decision of the court and follow all the instructions contained therein with the aim to fulfil its obligations. As the SACP, we urge parliament to carefully consider the implications of the judgment for its operations and how it applies relevant laws to fulfil its mandate.

Given the fact that parliament is the primary law-making body in our system, it is notable and concerning that there have been a handful of Constitutional Court decisions that have placed parliament on the wrong side of the law in terms of both its processes and decisions. If the Republic cannot count on Parliament to be the best performing institution in upholding the laws, it means our system is in precarious waters. While we recognise the separation of powers between the branches of government, we also must hold parliament to a much higher standard of accountability regarding interpretation and application of the law.”

The SACP encouraged Parliament to comply strictly with the court ruling, claiming that any action to the contrary would discredit the entire system and call the legitimacy of its institutions into question.

Although the SACP accepts the court's decision, it condemns the Democratic Alliance (DA) for their opportunism and hypocrisy in this case. 

“The opportunism manifested by this posture spells out their longstanding crisis of inconsistency: to pose on one side as law-abiding liberals and continue seeking power and positions even in conditions that contradict their supposed law-abiding principles on the other. The best manner to express their displeasure and alignment with those that criticise the Phala Phala scandal following this case is a total withdrawal from the GNU. However, we all know that the DA will not do that because it doesn’t stand on any real principle but seeks to position itself for parliamentary advantage.”

The statement ends with a call on all lawmakers to take appropriate steps to defend the legal system and the regime of justice it seeks to preserve. 

SACP criticizes president decision to take the ruling to review

Following President Ramaphosa's decision to review the 2022 report of the Section 89 independent panel on Phala Phala, the South African Communist Party (SACP) has issued another statement. This decision will effectively halt any impeachment proceedings against the president until the review is concluded.

The SACP has criticized the fact that the public is once again being forced to wait for full accountability on the Phala Phala matter, despite the parliamentary panel having concluded that there was sufficient evidence that the president may have committed serious misconduct and violated the Constitution. The SACP is concerned that the scandal's lifespan will be effectively extended for an unpredictable period.

While recognizing the President’s legal right to review the matter, the SACP reminds him of his responsibility to protect and guarantee government stability and credibility, and to ensure public trust and the integrity of government institutions.

The SACP advocates an expedited impeachment process, arguing that delays are undesirable and not aligned with the concept of the “public good”.

“The worsening conditions of poverty and unemployment have reached catastrophic levels. The Madlanga Commission proceedings have already revealed a thoroughgoing crisis of lawlessness across government institutions, laying bare mismanagement and corruption of extraordinary proportions. The voter turnout in the 2024 elections was the lowest in the history of our democracy, a clear indictment by the masses on the governance of our country. Public trust has been on a downward spiral for a sustained period of time. Yet at the height of this crisis, the government is getting increasingly engulfed by the resurgence of controversy and political scandal through this resuscitation of Phala Phala. This is not merely a legal or administrative problem but a political crisis with clear strategic implications for the South African revolution.”