The African Christian Democratic Party (ACDP) has welcomed the Constitutional Court’s judgment on the Phala Phala matter, with the party’s deputy president describing the ruling as a proud day for South Africa’s constitutional democracy.
Wayne Thring, who is both an MP and the ACDP’s deputy president, said the party has been consistent in its position that no one is above the law.
“The ACDP has been consistent from the time of state capture, when there were protests and lots of antagonism and move towards holding President Jacob Zuma at the time accountable,” Thring said. “The ACDP said that no one is above the law and he needs to be held accountable, and it is no different for the president of the Republic of South Africa, Mr. Ramaphosa.”
Thring noted that the ACDP participated in protest marches and voted in favor of supporting the Section 89 independent panel, which had found prima facie evidence that the president should be held accountable.
“This is a proud day for democracy. It’s a proud day for a constitutional democracy,” Thring said. “The ACDP supports the ConCourt judgment, which opens up the way for the president of South Africa to be possibly impeached.”
He explained that the next step would be for Parliament to consider establishing an ad hoc committee to examine the evidence and recommendations of the Section 89 committee. The matter would then be brought back to Parliament for a vote on whether the impeachment process should proceed.
Thring said the judgment sends a critical message about equal application of the law. “The vast majority of South Africans believe that the laws of the land apply differently — one set of laws for parliamentarians, one set for leaders in high echelons of society, and another for the ordinary man in the street. This judgment indicates that the law must be applied equally to all.”
He also drew lessons from the state capture era, recalling that Chief Justice Zondo had indicated that Parliament did not exercise its constitutional obligation to hold the executive to account.
“This process is an indication that members of Parliament are now taking their constitutional mandate and responsibility seriously in holding the executive to account going forward,” Thring said.
He added that the ruling would serve as a precedent for future presidents. “Any president — it doesn’t matter which presidents come after this — will understand that there are constitutional provisions, and if you break those constitutional provisions, you will be held to account.”
The robbery at President Ramaphosa’s Phala Phala farm occurred in 2020, and the Constitutional Court’s judgment now opens the way for potential impeachment proceedings. An ad hoc committee is expected to be established to take the process forward.