President Cyril Ramaphosa’s legal team has launched a fierce challenge in the Western Cape High Court, arguing that those seeking to remove the president are engaged in a political struggle rather than a quest for justice.
Ramaphosa Lawyer Attacks Phala Phala Panel in High Court
Advocate Wim Trengove SC told a full bench comprising Judge President Nolwazi Mabindla-Boqwana, Judge Mark Sher, and Judge Ncumisa Mayosi that the independent panel appointed to assess allegations against the president applied the wrong legal test and failed to properly apply Parliament’s impeachment rules, according to reports from The Citizen.
The court hearing centers on Ramaphosa’s application to review and set aside the report compiled by the Section 89 independent panel, which was chaired by former chief justice Sandile Ngcobo. The panel concluded that Ramaphosa had a case to answer over allegations stemming from the February 2020 theft of approximately $580,000 (around R9.6 million) in cash hidden in furniture at his Phala phala game farm in Limpopo.
Allegations of a Flawed Legal Test and Untested Evidence
During the court proceedings, Trengove contended that the independent panel misunderstood its constitutional mandate. He emphasized that presidential conduct qualifies for impeachment only if it is committed intentionally and in bad faith.
According to legal arguments presented to the court, the panel blurred the line between unverified information and actual evidence. Trengove asserted that the panel relied on untested material and claims that had never been subjected to ordinary evidentiary standards or cross-examination.
The panel’s report had identified four potential charges against Ramaphosa, including a violation of section 96(2)(a) of the Constitution—which prohibits Cabinet members from performing other paid work, taking into account Ramaphosa’s involvement in cattle and game farming—and section 34(1) of the Prevention and Corrupt Activities Act (Precca) regarding the failure to report the transaction to police. Two other charges involved an instruction Ramaphosa allegedly gave to Major-General Wally Rhoode, head of the Presidential Protection Unit, to investigate the burglary instead of reporting it to authorities.
A Profoundly Humiliating Process at the Mercy of Political Opponents
Trengove argued that the independent panel was meant to act as a vital buffer between a politician’s complaint and a public impeachment hearing, but failed to do so. He warned that the subsequent impeachment committee is composed of the president’s political adversaries, including African Transformation Movement (ATM) leader Vuyolwethu Zungula, who originally laid the criminal complaint after former State Security Agency director-general Arthur Fraser brought the matter to police in June 2022.
These are not people seeking justice, they are politicians fighting a political war,
Trengove told the court, adding that opponents would jump at any chance to bring down a rival. He described the ongoing scrutiny as a profoundly humiliating process where the president sits at the mercy of his political opponents.
When questioned by the bench over whether the National Assembly ultimately holds the decision-making power rather than the committee alone, Trengove maintained his critique of the preceding steps.
Background of the Phala Phala Controversy
The current legal battle represents the final hurdle before Parliament can advance with a public impeachment inquiry. The controversy originated from the 2020 burglary at Ramaphosa’s game farm, where millions in foreign currency were stolen and the incident allegedly concealed. Ramaphosa has consistently maintained that the money represented legitimate proceeds from a game sale.
In November 2022, the Ngcobo-led panel delivered its findings that sufficient evidence existed to warrant an inquiry. Although the National Assembly subsequently voted against referring the report to an impeachment committee in December 2022, subsequent legal maneuvers and challenges have kept the dispute active in the judicial system.
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