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Phala Phala case: EFF demands explanation for 480-day judgment delay

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EFF calls for answers as Phala Phala judgment drags past 480 days

The long shadow of the Phala Phala scandal continues to hang over South Africa’s political landscape, as the Economic Freedom Fighters (EFF) demand answers over what they call an “unacceptable” delay in the Constitutional Court’s ruling.

EFF leader Julius Malema has written to Chief Justice Mandisa Maya, warning that the court’s silence now stretching beyond 480 days since hearings concluded risks eroding public trust in one of the nation’s most important democratic institutions.

A case that has kept the nation watching

The case, Economic Freedom Fighters v Speaker of the National Assembly and Others, challenges the handling of the Phala Phala matter involving President Cyril Ramaphosa. In February 2020, over $580,000 in cash was allegedly stolen from Ramaphosa’s Bela-Bela game farm. Questions have swirled ever since about the concealment of the robbery, possible money laundering, and whether state resources were used improperly to investigate the theft.

The scandal triggered parliamentary inquiries, criminal investigations, and widespread media coverage. The National Assembly’s decision to refer aspects of the matter to the Constitutional Court in December 2022 began what has now become a multi-year legal saga.

“Too long to wait”

Malema’s letter to Chief Justice Maya notes that the EFF first approached the Constitutional Court in February 2024, with hearings taking place in November 2024. More than a year later, no judgment has been issued.

“This matter has now become one of the most delayed judgments in the modern history of the Constitutional Court,” Malema wrote, pointing out that the judiciary’s own benchmark requires judgments within three months unless exceptional circumstances apply.

The EFF argues that no explanation has been offered that justifies such a prolonged delay, suggesting the matter cannot be dismissed as ordinary administrative backlog.

Constitutional consequences

The party contends that this delay has real-world implications for accountability at the highest levels of government. Without a judgment, Parliament and the public remain in limbo regarding the conduct of the head of state. Malema warns that such uncertainty risks undermining constitutional principles and the checks and balances designed to ensure executive accountability.

In addition to legal arguments, the EFF frames the delay as a test of institutional credibility. Malema warns that the longer the judgment is withheld, the greater the perception that the court could be influenced by political considerations.

“Whether justified or not, such a perception is deeply damaging. It suggests that justice may not be applied evenly, and that certain matters are treated with greater urgency than others. In simple terms, it begins to appear as though justice has eyes and favourites,” Malema wrote.

Calls for clarity

In his letter, Malema requests three key responses from Chief Justice Maya:

  1. A full explanation for the delay.
  2. Clarification on whether the delay complies with judicial standards.
  3. A clear timeline for when the judgment will finally be delivered.

The EFF stresses that the case goes to the very heart of constitutional governance and the rule of law. “This matter cannot be allowed to drift into indefinite delay,” Malema wrote.

Public reaction

South Africans have watched the saga unfold with frustration and curiosity. Social media has been alive with debate: some citizens express concern over perceived judicial inertia, while others argue for patience, noting the complexity of cases involving the president.

Analysts note that prolonged delays in high-profile constitutional matters risk undermining confidence not only in the courts but in the broader democratic framework, particularly when the outcome affects executive accountability.

With the EFF’s formal intervention, all eyes are now on Chief Justice Maya and the Constitutional Court. Whether the court will finally set a timeline for judgment remains to be seen, but the pressure from political parties and public sentiment suggests that the nation’s patience is nearing its limit.

The Phala Phala matter, once a headline-making scandal about a robbery at a game farm, has become a broader test of judicial efficiency, constitutional accountability, and the faith South Africans place in their highest court.

{Source: IOL}

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