President Cyril Ramaphosa may reconsider launching a fresh legal bid to set aside the independent Section 89 panel report into the Phala Phala farm scandal, after the Constitutional Court ruled on 8 May 2026 that Parliament acted unlawfully when it blocked further scrutiny of the findings in 2022.
The apex court, in a judgment delivered by Chief Justice Mandisa Maya, declared the National Assembly’s December 2022 vote, which rejected the panel’s report by 214 to 148, irrational, unconstitutional, and invalid. It also struck down Rule 129I of the National Assembly’s rules, which had allowed MPs to override the independent panel’s recommendation. Parliament has now been ordered to refer the report to an impeachment committee for proper consideration.
The Section 89 panel, chaired by retired Chief Justice Sandile Ngcobo, was established following a February 2020 burglary at Ramaphosa’s Phala Phala game farm in Limpopo. Thieves stole approximately $580,000 in undeclared foreign currency hidden in furniture. The panel found prima facie evidence that the President may have breached section 96(2)(a) of the Constitution, violated anti-corruption laws under the Prevention and Combating of Corrupt Activities Act, and engaged in serious misconduct inconsistent with his oath of office. Ramaphosa has consistently denied any wrongdoing, insisting the panel misunderstood its mandate and reached flawed conclusions.
In 2023, the President abandoned plans to review and set aside the report in the High Court, arguing the matter had become “moot” after Parliament’s vote. However, his legal team explicitly reserved the right to revisit the challenge should circumstances change.
Political analysts now say the ConCourt’s decision has created precisely those changed circumstances. With the ANC no longer holding an outright majority in the National Assembly under the Government of National Unity (GNU), opposition parties could influence how Parliament handles the revived process. The EFF, which brought the court application alongside the ATM, hailed the ruling as a victory for accountability.
The Presidency issued a measured statement on 8 May, noting the judgment and affirming that “President Cyril Ramaphosa respects the Constitutional Court’s judgment and reaffirms his commitment to the Constitution, the independence of the judiciary and the rule of law.” It added that no person is above the law and that Ramaphosa had cooperated fully with all inquiries.
While the ruling does not determine Ramaphosa’s guilt or innocence and does not automatically trigger impeachment, it has thrust one of the most politically damaging episodes of his presidency back into the spotlight. Whether the President’s legal team moves to challenge the panel report itself before any impeachment committee sits will be closely watched in the coming weeks.