President Cyril Ramaphosa has written to the Office of the Chief Justice seeking permission to launch a review application against the Section 89 independent panel report on the Phala Phala matter.
The move follows the Constitutional Court judgment delivered on 8 May, which invalidated National Assembly Rule 129I. That rule had enabled the National Assembly to reject the panel’s report and decline to refer it to an impeachment committee. The ruling has placed the impeachment process back on the table.
National Assembly Speaker Thoko Didiza has since outlined a process to implement the Constitutional Court order. Political parties have been given a deadline of Friday to submit names of members who will serve on the impeachment committee, and several parties have already done so.
According to developments reported on 21 May, Ramaphosa’s correspondence with the Chief Justice’s office represents the first formal step toward initiating legal proceedings. This action is required under Section 47 of the Superior Courts Act, which protects judicial officers, including retired judges, from frivolous litigation and mandates that the Chief Justice grant leave where good cause is shown.
The 2022 independent panel, chaired by retired Chief Justice Sandile Ngcobo, made a prima facie finding that President Ramaphosa may have violated provisions of the Constitution and the Prevention and Combating of Corrupt Activities Act (PRECCA). In any review application, Ramaphosa is expected to cite retired Chief Justice Ngcobo as a respondent in line with the requirements of the Superior Courts Act, though the proceedings are aimed at reviewing and setting aside the panel’s report rather than pursuing a personal action against the former judge.
The President first signalled his intention to pursue this review during a national address on 11 May. Once permission is granted by the Chief Justice, he is expected to file papers in the Western Cape High Court. Legal observers note that the review application itself does not automatically halt Parliament’s work in giving effect to the Constitutional Court judgment. The President may also seek an urgent interim interdict (Part A) pending the outcome of the main review application (Part B).
The Office of the Chief Justice has confirmed receipt of the President’s correspondence and has responded to his legal team.
This latest development runs parallel to Parliament’s ongoing efforts to constitute an impeachment committee following the apex court’s ruling. The outcome of Ramaphosa’s review application could have significant implications for the parallel parliamentary process.