The Constitutional Court has ordered the Section 89 independent panel report on President Cyril Ramaphosa to be returned to the National Assembly, directing that an impeachment committee be established to re-examine the matter. The panel had previously found a prima facie case against the president relating to the 2020 robbery of over $500,000 (approximately R9.5 million) in foreign currency and an alleged cover-up at his Phala Phala farm in Limpopo.
The court ruled that a National Assembly rule preventing further investigations into the president’s conduct was unconstitutional and set it aside.
SAFTU General Secretary Zwelinzima Vavi described the developments as a stark illustration of institutional decay, contrasting the current situation with the optimism of 10 May 1994, when Nelson Mandela was inaugurated as South Africa’s first democratically elected president.
“Nelson Mandela will be extremely worried if he was to wake up and see all of what is happening,” Vavi said. He highlighted the discovery of undeclared foreign currency — far exceeding limits allowed by the South African Reserve Bank — stashed in sofas and furniture at the president’s residence, questioning the official explanation involving a businessman from the United Arab Emirates.
Vavi expressed doubt that the president would survive the process, stating that SAFTU does not believe he will. He recalled that SAFTU had previously called for Ramaphosa’s resignation after parliament voted against the initial Section 89 panel recommendation, arguing that the cloud hanging over the president had eroded his credibility and moral authority.
In the context of the Government of National Unity, Vavi questioned whether coalition partners would prioritise stability and political positions over accountability. “Never trust a politician with a plate of food in front of them,” he remarked, specifically noting public statements by the Democratic Alliance that they would stand on the side of integrity.
President Ramaphosa has stated that he respects the Constitutional Court’s findings and will cooperate with the process.
Vavi raised broader concerns about the origins of the cash, suggesting it may represent proceeds of illicit cash outflows rather than legitimate sources. He noted the president’s past associations with companies — including MTN, Shanduka, and Lonmin — that have faced accusations of involvement in such activities in public documents.
He cited African Union and World Bank reports estimating South Africa loses around R1.1 trillion annually through illicit financial flows, including mispricing and trade in minerals, which deprives the economy and workers of potential benefits. Vavi linked the Phala Phala matter to wider issues of state capture and corruption, calling for the resignation of the Public Protector and the Reserve Bank Governor over their handling of the case.
He further referenced recent arrests of high-ranking police officials accused of involvement in illicit precious minerals trade, estimated by a Reuters report to cost the country R60 billion, and criticised what he called a tendency to focus on smaller issues while ignoring larger systemic problems.
Vavi argued that many senior figures in the African National Congress, including members of the Top Six, face serious allegations from the Madlanga Commission and other reports, making internal accountability difficult. He called for a genuine process of renewal within the party.
The developments come as reactions continue across South Africa’s political landscape following the Constitutional Court ruling.