EFF to march on Constitutional Court over delayed Phala Phala judgment: 'Justice can't be withheld'



The Economic Freedom Fighters (EFF) have announced plans to march to the Constitutional Court on November 28 to demand the release of the long-awaited judgment on the Phala Phala matter.

The party said the demonstration aims to pressure the court to deliver its ruling on the review of Parliament’s decision to reject the Independent Panel Report, which found “prima facie evidence of criminal activity at and in relation to theft of dollars at President Cyril Ramaphosa’s Phala Phala Farm.”

The march will start at Mary Fitzgerald Square in Johannesburg at 10am and proceed to the Constitutional Court at Constitutional Hill, Braamfontein.

According to the EFF, the Constitutional Court heard its review application on November 26, 2024, but has yet to release its judgment almost a year later.

“In what can only be described as a delay of justice that has for too long characterised the highest court in the land,” the party said, “the Constitutional Court which heard the review application by the EFF of Parliament’s decision… is yet to release its judgment almost one year later.”

The EFF argued that the delay undermines public confidence in the judiciary and fuels perceptions of political bias.

“The failure by the Constitutional Court to provide this judgment and provide certainty… gives the impression that the President of the Republic of South Africa is above the law,” the party said.

The EFF further accused the African National Congress (ANC) of using its parliamentary majority to protect Ramaphosa from accountability, claiming the rejection of the Independent Panel Report was both irrational and unconstitutional.

In a separate legal development, the Gauteng High Court had dismissed an attempt by a civil society organisation to prosecute President Cyril Ramaphosa over the theft of the $580,000 (R10,059,346) from his Phala Phala farm.

The Society had sought a summons compelling the Director of Public Prosecutions, Pretoria, Sibongile Mzinyathi, and National Director of Public Prosecutions, Shamila Batohi, to ensure Ramaphosa’s appearance in court based on the provisions of the Criminal Procedure Act (CPA).

In his ruling on September 2, Acting Judge Jacques Minnaar said The Society had legal representation at all times during the case and had been offered the opportunity to withdraw its application ahead of time.

“No shred of justification is provided for why the main application was indeed brought and then withdrawn,” he said. The court further found there was no basis to shield the society from costs despite its unsuccessful attempt to navigate the prosecutorial process.

The EFF said the continued delay by the Constitutional Court compounded growing public distrust.

“The continued and inexplicable withholding of the Phala Phala judgment gives credence to suspicions that our judiciary is captured,” the party warned.

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