Build One South Africa (BOSA) welcomes today’s ruling by the Constitutional Court of South Africa declaring Parliament’s handling of the Phala Phala matter unconstitutional and invalid.
The salient findings of the Court are:
- Rule 129I of the National Assembly is inconsistent with the Constitution and invalid.
- The National Assembly vote rejecting the panel report was irrational and unconstitutional, and therefore invalid.
- The report must be referred to Parliament’s impeachment committee
This judgment is a victory for constitutional accountability and the rule of law in South Africa. It reaffirms a foundational democratic principle that no one is above the law – not the President, and not Parliament itself.
Parliament must now comply fully with the judgment of the Court by adopting the independent panel report and immediately commencing the parliamentary investigative process de novo in line with Section 89 of the Constitution.
The Court’s ruling sends a clear message that constitutional obligations cannot be sidestepped for political convenience, and that Parliament cannot abandon its duty to hold the executive accountable.
The Phala Phala matter raised serious allegations against President Cyril Ramaphosa. Rather than allowing due constitutional processes to unfold, the majority in Parliament shielded the President from scrutiny by improperly rejecting the independent panel report.
Today, the Court has corrected that constitutional failure.
BOSA maintains that accountability mechanisms exist not to target individuals, but to protect the integrity of South Africa’s constitutional democracy. When Parliament fails to act independently and courageously, it weakens public trust in democratic institutions and undermines the principle that all public representatives are subject to the law.
South Africans deserve a Parliament that acts without fear or favour, and a government that understands that public office does not place anyone beyond accountability.
BOSA will continue to stand firmly for constitutionalism, ethical leadership, and a capable state grounded in transparency and accountability.
Media Enquiries:
Roger Solomons
BOSA Spokesperson
072 299 3551