EFF takes Phala Phala case judgment delay to Chief Justice Maya

The Economic Freedom Fighters (EFF) has taken its complaint over what it perceives to be a delay in a judgment by the Constitutional Court on its Phala Phala case to Chief Justice Mandisa Maya.

In a four-page letter to Maya, EFF leader Julius Malema said the time taken for the court to rule is creating a perception that the court is not immune to political pressures.

The case relates to a decision by the National Assembly in 2022 not to proceed with an impeachment inquiry into President Cyril Ramaphosa’s conduct related to storage and theft of US$560,000 from his Limpopo farm, despite an independent panel report finding prima facie evidence that he may have breached his oath of office.

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The EFF first approached the Constitutional Court to review Parliament’s decision to reject a Section 89 panel report in February 2024.

The case was heard in November of that year.

Malema said it’s now been more than 485 days since the matter was heard – far exceeding judicial norms and becoming one of the court’s most delayed judgments.

Referencing former Chief Justice Mogoeng Mogoeng in his letter to Chief Justice Maya, Malema notes that that court, in a previous matter involving Parliament, noted the president’s obligation to uphold the Constitution.

“It is, therefore, deeply troubling that a matter implicating such a high office, described in such profound constitutional terms, is now subject to an unprecedented delay in judicial determination,” writes Malema.

It’s now been more than two years since the party first approached the court to consider the matter and to submit written arguments.

Citing the Norms and Standards for the Performance of Judicial Functions, Malema points out that save for exceptional circumstances, every effort should be made to hand down judgements within three months of the last hearing.

Malema said the court has given no explanation for taking five times as long to rule and this is impacting Parliament’s ability to hold the executive accountable.

The party is now requesting the court to provide reasons for not yet having produced a judgment, and to clarify whether the delay is consistent with judicial norms and standards.