President Cyril Ramaphosa has initiated formal legal proceedings in the Western Cape High Court, applying for judicial review of the Section 89 independent panel’s report concerning the 2020 Phala Phala farm incident. The application arrives in the wake of a Constitutional Court determination that Parliament erred in its earlier handling of impeachment proceedings connected to the alleged theft of foreign currency from the President’s private property.
The investigative panel, led by former Chief Justice Sandile Ngcobo, examined the circumstances surrounding the burglary at Ramaphosa’s Limpopo farm, where a substantial amount of foreign currency was taken. Its findings highlighted potential constitutional violations pertaining to how the funds were declared and managed. Ramaphosa has steadfastly maintained his innocence, asserting that the money derived from a lawful buffalo sale and was appropriately secured while awaiting formal declaration.
The President’s legal submission challenges the panel’s methodology and conclusions on several grounds. Central to the argument is the contention that the panel misapplied the evidentiary standard, evaluating matters on a prima facie basis rather than determining whether sufficient evidence existed to warrant proceeding under Section 89. The application further asserts that the panel inadequately addressed whether Ramaphosa acted in bad faith, whether his conduct amounted to a serious breach of law, and whether any alleged misconduct was deliberate. These positions align with arguments previously advanced by the President in a 2022 review application and in opposing applications brought by the Economic Freedom Fighters and African Transformation Movement before the Constitutional Court.
This legal development unfolds as the National Assembly moves forward with convening its impeachment committee. The full roster of 31 members—drawn from the ANC, DA, EFF, MK Party, and other political formations—was publicly disclosed recently, though two smaller parties remain unrepresented due to procedural considerations. Notably, Ramaphosa has not requested an urgent interim interdict to halt the parliamentary process, allowing both the High Court review and the impeachment proceedings to proceed in parallel.
Under National Assembly Rule 160, the secretary of the impeachment committee is obligated to convene the inaugural meeting within five days of the membership announcement. This initial session is anticipated to include the election of a chairperson and the establishment of the committee’s terms of reference. Legal observers emphasize that these terms should remain limited to the four specific grounds cited in the African Transformation Movement’s original 2022 impeachment application—the same parameters that guided the Section 89 panel’s investigation.
The Speaker of the National Assembly has been named as a respondent in the High Court application. Procedural convention suggests the Speaker may opt to file a notice indicating an intention to abide by the court’s eventual ruling rather than actively contest the application. Likewise, the retired judges who served on the independent panel retain the discretion to submit responding affidavits. Precedent exists for such engagement: former Minister Gwede Mantashe challenged a report authored by retired Chief Justice Raymond Zondo, and former Presidents Thabo Mbeki and Jacob Zuma jointly sought the recusal of Justice Sisi Khampepe from a TRC-related inquiry.
The simultaneous advancement of judicial and parliamentary tracks introduces considerable legal complexity. Should the impeachment committee issue findings predicated on a report later invalidated by the High Court, significant uncertainty would arise regarding the legitimacy and enforceability of any parliamentary determination. Ramaphosa’s overarching objective in the current application remains the complete setting aside of the Section 89 panel’s report—a outcome that, according to his legal team, would eliminate the foundational basis for the impeachment committee’s continued deliberations.