ConCourt to hear EFF’s case against Parliament for rejecting Phala Phala report


The Constitutional Court has indicated it will hear the Economic Freedom Fighters (EFF)’s case against Parliament, for rejecting an independent panel report on the Phala Phala saga.

The court issued directives on Monday, instructing the party to file the necessary documents in preparation for a hearing which it said it would set down in due course.

This development comes as the EFF looks to strong-arm the African National Congress (ANC) into offering it ministerial positions in a coalition government.

The ANC used its majority in Parliament in December 2022 to dismiss a Section 89 legal panel report suggesting enough prima facie evidence against President Cyril Ramaphosa.

This was to warrant an impeachment inquiry over the storage and theft of US dollars from his Limpopo farm in 2020.

Before that, Ramaphosa had applied for direct access to the Constitutional Court in efforts to have the report authored by a panel headed by former Chief Justice Sandile Ngcobo set aside.

That application was dismissed in March 2023.

In directions issued by the Constitutional Court on Monday, the EFF has been given until 1 July 2024 to file its record in the case in which it wants the court to declare Parliament’s actions irrational.

It must file its written arguments by the 19 July, and Parliament will have to respond by the 26 July.

The ANC’s failure to obtain a majority in last week’s election could put it in a vulnerable position as far as the Phala Phala matter is concerned.

Besides the EFF, the Freedom Front Plus has also indicated it will look to revive the matter when Parliament is reconstituted.

-EWN

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