Constitutional Court – MDNtv

ANC NEC BRIEFS MEDIA AFTER RAMAPHOSA PHALA PHALA CRISIS MEETING

MDNtv — Thu, 14 May 2026 08:43:56 +0000

The African National Congress (ANC) National Executive Committee briefs the media following a Special NEC meeting held in Cape Town to discuss the Constitutional Court judgment on the Phala Phala matter.

The Constitutional Court nullified Parliament’s decision to reject the Section 89 Independent Panel Report, which found that President Cyril Ramaphosa may have a case to answer regarding the theft of foreign currency from his Limpopo farm in 2020.

The briefing comes amid growing political pressure and renewed debate over Ramaphosa’s future and accountability.

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ANC NEC BRIEFS MEDIA AFTER RAMAPHOSA PHALA PHALA CRISIS MEETING

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NANDIPHA MAGUDUMANA ASKS CONSTITUTIONAL COURT TO DECLARE TANZANIA DEPORTATION UNLAWFUL

MDNtv — Wed, 13 May 2026 16:49:55 +0000

The Constitutional Court is set to hear arguments in Dr Nandipha Magudumana’s appeal regarding her deportation from Tanzania to South Africa. Magudumana argues that Tanzanian authorities and South African officials carried out a “disguised extradition” that violated her constitutional rights.

Her legal team says her arrest, deportation and return to South Africa were unlawful and unconstitutional. The apex court will now consider whether South African courts have jurisdiction to prosecute her.

Magudumana and Thabo Bester face dozens of charges including fraud, corruption, money laundering, assisting an inmate to escape, arson and defeating the ends of justice following Bester’s escape from Mangaung Correctional Facility.

The pair were arrested in Arusha, Tanzania, in April 2023 before being returned to South Africa.

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NANDIPHA MAGUDUMANA ASKS CONSTITUTIONAL COURT TO DECLARE TANZANIA DEPORTATION UNLAWFUL

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PRESIDENT RAMAPHOSA ADDRESSES THE NATION TONIGHT AFTER CONCOURT SECTION 89 JUDGMENT

MDNtv — Mon, 11 May 2026 16:20:37 +0000

South African President Cyril Ramaphosa is expected to address the nation at 20h00 tonight following the Constitutional Court’s judgment in the EFF’s challenge to the National Assembly’s handling of the Section 89 proceedings linked to the Phala Phala matter.

The highly anticipated address comes after the Constitutional Court delivered a major ruling concerning Parliament’s decision not to adopt the independent Section 89 panel report.

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PRESIDENT RAMAPHOSA ADDRESSES THE NATION TONIGHT AFTER CONCOURT SECTION 89 JUDGMENT

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🔴 LIVE: CONCOURT RULES ON EFF’S PHALA PHALA CASE | RAMAPHOSA IMPEACHMENT REPORT CHALLENGED

MDNtv — Thu, 07 May 2026 20:35:11 +0000

The Economic Freedom Fighters returns to the Constitutional Court of South Africa as judgment is expected in its challenge against Parliament’s controversial decision not to adopt the Section 89 independent panel report into the Phala Phala farm scandal involving President Cyril Ramaphosa.

The EFF approached the apex court after Parliament voted against adopting the panel’s findings in 2022, effectively halting a possible impeachment process linked to the Phala Phala matter.

The judgment could have major political and constitutional implications ahead of South Africa’s evolving political landscape.

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LIVE: CONCOURT RULES ON EFF’S PHALA PHALA CASE | RAMAPHOSA IMPEACHMENT REPORT CHALLENGED

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Ramaphosa Appoints Two Women Judges to Constitutional Court in Historic Move

00524051746197 — Mon, 13 Apr 2026 06:03:21 +0000

President Cyril Ramaphosa has appointed Justices Nambitha Christabel Dambuza-Mayosi and Katharine Mary Savage to South Africa’s Constitutional Court, effective 1 May 2025.

The appointments, made after consultation with Chief Justice Mandisa Maya and political party leaders, give the apex court a woman-majority bench, one of the few in the world.

Justice Dambuza-Mayosi has served on the Supreme Court of Appeal since 2015 and previously acted on the Constitutional Court. Justice Savage is a Western Cape High Court judge (since 2015) and Labour Appeal Court judge (since 2024), who helped draft South Africa’s final Constitution.

President Ramaphosa praised both for their “clear commitment to our Constitution.”

The two judges will take their seats next month.

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South Africa’s extradition laws face Constitutional Court battle over NPA powers

00524051746197 — Wed, 05 Nov 2025 09:12:59 +0000

South Africa’s Extradition Laws Under Fire at the Constitutional Court

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“Constitutional Court proceedings

South Africa’s extradition system is facing one of its most significant legal tests in years as the Constitutional Court considers who has the lawful authority to request the extradition of persons from foreign countries. The court is being asked to clarify whether this power belongs to the Minister of Justice or to the National Prosecuting Authority. The outcome could reshape how the state brings fugitives back to South Africa to stand trial.

How the dispute started

The present uncertainty was triggered by a 2024 Supreme Court of Appeal judgment involving Johnathan Schultz who was due to be extradited from the United States. Schultz argued that the National Prosecuting Authority did not have the power to initiate an extradition request. The Supreme Court of Appeal agreed and ruled that in terms of the Extradition Act it is the Minister of Justice who must make such a request.

Importantly the Supreme Court of Appeal said that its interpretation applied retrospectively. That meant extradition requests that had already been made by the National Prosecuting Authority could now be challenged.

Effect on the Moroadi Cholota matter

The ruling soon affected a high profile corruption related case. Relying on the Schultz judgment the Free State High Court overturned the extradition of Moroadi Cholota who had been the personal assistant to former Free State premier Ace Magashule. She was wanted in connection with the R255 million Free State asbestos project.

The court held that her extradition from the United States was unlawful because the request had been made by the National Prosecuting Authority and not by the Minister of Justice. As a result she no longer had to appear in South Africa to face the criminal charges.

NPA warns of serious consequences

The National Prosecuting Authority is now appealing both the Schultz decision and the subsequent ruling in the Cholota matter. Advocate Kevin Hopkins SC appearing for the National Prosecuting Authority told the Constitutional Court that if the Supreme Court of Appeal judgment is applied in full and retrospectively then many of South Africa’s previous and pending extradition requests can be reviewed and possibly set aside.

He told the court that this could have serious and harmful consequences for the criminal justice system because extradition is a vital tool for ensuring that accused persons cannot evade prosecution by leaving the country.

Hopkins explained that for decades the National Prosecuting Authority and its predecessors had been initiating outgoing extradition requests. This was done openly and in good faith. No court and no minister had ever suggested that the authority did not exist.

A gap in the Extradition Act

Hopkins further argued that the Extradition Act describes in detail how requests from foreign states to South Africa must be handled. However it does not describe in the same way how South Africa should make requests to other countries. Because of this legislative gap it was always assumed that the prosecuting authority could initiate outgoing extraditions especially where the purpose was to bring an accused person before a South African court.

Trengove argues for the State

Advocate Wim Trengove SC who appeared for the prosecution in the Cholota matter told the Constitutional Court that the High Court was wrong to find that it lacked jurisdiction. He said the matter is clearly in the public interest because it affects future extradition cases and the ability of South Africa to prosecute crime that has an international element.

Trengove submitted that the Supreme Court of Appeal was not correct to declare that only the Minister may request extradition. He drew a distinction between incoming requests which are diplomatic and which fall under the Minister and outgoing requests which are prosecutorial and which fall under the National Prosecuting Authority. He also pointed out that Cholota was extradited under a valid order of a United States court which meant that the extradition was in substance lawful.

Why this case matters

The Constitutional Court’s final decision will decide more than just the Schultz and Cholota matters. If the Supreme Court of Appeal’s ruling is confirmed and applied to past cases then a number of fugitives may attempt to challenge their extradition on technical grounds. This could weaken South Africa’s ability to prosecute cross border corruption fraud and organised crime.

However if the Constitutional Court finds that the National Prosecuting Authority may lawfully initiate outgoing extradition requests then the status of previous requests will be protected and the criminal justice system will retain an important mechanism for bringing accused persons back to South Africa.

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Ace Magashule’s Ex-PA Faces Off With The State — Battle Reaches Constitutional Court

MDNtv — Tue, 04 Nov 2025 21:41:48 +0000

Ace Magashule’s former personal assistant is back in the Constitutional Court — squaring off with the State in a high-stakes legal showdown linked to the Free State asbestos corruption scandal.

The case could have major implications for the prosecution’s strategy against Magashule and other co-accused.

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Ace Magashule’s Ex-PA Faces Off With The State — Battle Reaches Constitutional Court

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Family Statement on Constitutional Court Ruling Regarding the Burial of Former President Edgar Chagwa Lungu

00524051746197 — Wed, 27 Aug 2025 06:41:33 +0000

We have noted a Ruling in the Constitutional Court and wish to state the following.

The Public may wish to note that following the family’s earlier application for leave to appeal to the Supreme Court of Appeal in the North Gauteng High Court of Pretoria, a Simultaneous application was made to the Constitutional Court for direct access to the Constitutional Court.

This would have meant that the appeal process would have been shortened as the Family would have skipped the Supreme Court of Appeal and thus dealing with the appeal in the Constitutional Court with finality.

Therefore the import of the order of the Constitutional Court is that the appeal must first lay to the Supreme Court of Appeal before the Constitutional Court could deal with it, in the event that any party desires to appeal.

In the meantime, Section 18(1) of the Superior Courts Act continues to apply to the proceedings. This means that the status quo prevails as the application for leave to appeal remains in court.

The essence of the appeal by the family is to assert family rights in relation to the burial of a loved one notwithstanding the position one held in life. It is beyond contestation that the Judgment of the High Court and the orders therein suggested that the family had no rights whatsoever in relation to the burial of the late Former President, Edgar Chagwa Lungu. This is the position which the family disagrees with.

The second reason of appeal is that it contested by the family that whereas the court stated that the law to be followed was Zambian law in relation to the burial of the Former President who passed on in South Africa, no such law exists in Zambia, neither did the court examine the evidence before it relating to the purported law and the circumstances of the case before it.

The family had also contested the orders of the court which contradict the finding that the parties are bound by a purported agreement by introducing new conditions relating to the repatriation.

As regards negotiations, we wish to acknowledge that Government through the Secretary to Cabinet Mr. Patrick Kangwa has approached the family to initiate formal negotiations.

The family however remains concerned that though there are statements by the Secretary General, Mr. Batuke Imenda, to the party members of the UPND and by the Secretary to the Cabinet Mr. Patrick Kangwa’s statement to government personnel directing them to desist from issuing statements relating to the burial of the former President, such have continued.

The family is aware of the statements issued by President Hakainde Hichilema on the 24th of August 2025 while touring the Copperbelt, which tended to insult the legacy of the former President, when he alleged that there was resistance to hand over power when in fact not. As the former President cannot Speak for himself, we take this opportunity to correct that position and state that the former President was a Democrat who willingly handed over power to President Hakainde Hichilema.

Members of the public may view a statement publicly issued by President Lungu at the burial of the late Northwestern Provincial Chairperson and Member of the PF Central Committee Jackson Kungo, at which he stated that he had conceded defeat, had refused strong persuasion from the Party to petition against the results and was actively facilitating a smooth hand/over of power to the President-elect.

Further in relation to the regrettable and unfortunate incidences that President Hakainde Hichilema purported that he was a target of alleged shootings, we wish to dispel the innuendo that the same were attributable to the Late President.

We pray for sincerity and decency to prevail as the environment for suggested negotiations is being fostered in a hope for subsequent resolution of this matter.

When trust is broken, deliberate and genuine steps must be taken to rebuild it.

We thank the people of Zambia and many stakeholders that have prayed and stood with the family during this difficult period.

Here’s your text properly constructed into a clean press statement with a headline, without changing any words:

Update from Secretary to the Cabinet

The Government of the Republic of Zambia has taken note of the Constitutional Court of South Africa’s ruling concerning the burial of the Sixth President, Dr. Edgar Chagwa Lungu. On behalf of the government, we want to thank the court for its timely consideration of the matter.

While the government respects the court’s decision, it remains committed to working with Dr. Lungu’s family to reach an arrangement that takes into consideration their wishes and interests, but taking into account the rights of government.

Our position is unchanged. The late President deserves a dignified funeral in keeping with the stature of his office.

We want to thank citizens for their understanding at this time and avoiding inflammatory comments. Now is the time for all of us to keep the Lungu family in our thoughts and prayers as we mourn the loss of the former President.

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“Are We Still a Sovereign Nation? Two South Africans Take President to Court Over Alleged Secret U.S. Corporation Registration”

00524051746197 — Tue, 27 May 2025 17:42:49 +0000

While South Africans were battling the early waves of the COVID-19 pandemic — lockdowns, job losses, and an overwhelmed health system — something unusual may have happened far from home, behind closed doors.

According to a Constitutional Court challenge now making waves, President Cyril Ramaphosa is accused of secretly registering South Africa as a corporation in the United States. The court filing alleges this was done under the U.S. Securities and Exchange Commission (SEC) on March 20, 2020 — the very day the country began shutting down under pandemic rules.

Two citizens Muzi Ntuli and Toka Motha of Cosau have brought forward a case against 44 respondents, including the sitting President, alleging that the Republic of South Africa was registered as a corporate entity under U.S. jurisdiction in 2020. This registration, they argue, violates key sections of the Constitution (including Sections 1, 2, 83, 84, and 231), undermining the legal standing of our democracy and stripping citizens of true self-determination.

The Allegations in Plain Terms:

1. Betraying the Constitution:

The President is bound by law to respect the Constitution as the highest authority. The applicants argue that secretly registering South Africa as a corporation under U.S. law undermines this very foundation. Even if it was symbolic, the lack of transparency raises serious questions about intent and legality.

2. Bypassing Parliament:

Any international agreement must, by law, be approved by Parliament. If this corporate registration formed the basis of any agreement — even indirectly — and Parliament didn’t know, then it breaks the rules. It’s like signing a contract on behalf of a country behind everyone’s back.

3. Undermining Democracy:

Parliament is supposed to be the heartbeat of lawmaking in South Africa. If major decisions are made without its involvement — particularly ones that touch on national sovereignty — then what’s left of democratic accountability?

4. Redefining South Africa:

The Constitution defines South Africa as a sovereign republic, not a commercial entity. The mere idea that it could be categorized like a company on a U.S. database — with a file number and a Washington D.C. address — is deeply unsettling for those who believe in self-governance.

The case raises questions:

• Was South Africa ever lawfully corporatized under international law?

• Have key decisions regarding our sovereignty been made without public knowledge or constitutional compliance?

• If true, what are the implications for national governance, international agreements, and the President’s oath of office?

Why This Matters:

The court case doesn’t just seek answers. It threatens to unwind the political and legal fabric of post-2020 South Africa:

Government decisions could be undone. Everything from lockdown fines to international treaties could be challenged as legally invalid.

The President’s authority could collapse. If the court agrees that his actions were unconstitutional, it could lead to impeachment calls or even a national referendum.

International trust could vanish. Global investors, treaty partners, and credit agencies might reconsider how they engage with South Africa — all because of a single bureaucratic action.

Ordinary citizens may pay the price. A destabilized economy, weakened Rand, and diplomatic isolation are real possibilities if this gains traction.

No matter what the court decides, this case has already done something extraordinary: it has forced the country to ask who we are — and who gets to decide.

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Constitutional Court challenge looms for Magudumana

MDN tv — Sun, 18 May 2025 03:46:18 +0000

NPA ready for Constitutional Court battle as Magudumana eyes appeal

The National Prosecuting Authority (NPA) says it is fully prepared to face Dr Nandipha Magudumana in the Constitutional Court, should she take her fight for freedom to the country’s highest court.

This comes after the Supreme Court of Appeal (SCA) on May 16, 2025, dismissed her challenge against the legality of her 2023 deportation from Tanzania.

Magudumana has maintained that her deportation from Tanzania was unlawful and disguised extradition. However, the SCA upheld the Free State High Court’s earlier ruling that her return to South Africa was lawful, finding she had consented to the process. While the majority of the SCA bench supported this view, a dissenting opinion may provide her legal team with grounds for a further appeal.

NPA spokesperson Mthunzi Mhaga welcomed the ruling and reiterated the authority’s readiness to respond to any Constitutional Court challenge. “We remain confident in the legality of the deportation and are prepared to defend our case with the full force of our prosecutorial arsenal,” he said.

Magudumana’s legal representatives are currently studying the SCA judgment to determine their next steps. A Constitutional Court appeal, if lodged, could delay the high-profile trial scheduled from July 21 to September 19, 2025. She is set to appear alongside her partner, Thabo Bester, to face charges related to his dramatic 2022 escape from the Mangaung Correctional Centre.

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