PRESIDENT Cyril Ramaphosa must face an impeachment committee after the Constitutional Court declared Parliament's 2022 vote to shield him unconstitutional.
In a bombshell ruling delivered on the Constitution's 30th anniversary, the court ordered that the Phala Phala report be referred to an impeachment committee.
Chief Justice Mandisa Maya, reading the judgment on Friday, 8 May 2026, found that the National Assembly's December 2022 vote declining to refer the independent panel's report to an impeachment committee was invalid and must be set aside-breathing new life into the scandal that has dogged Ramaphosa's presidency.
The apex court struck down Rule 129I of the National Assembly rules, which allowed Parliament to hold a preliminary vote on whether to proceed with impeachment proceedings, finding that it introduced an "impermissible preliminary step that allows the National Assembly to decide whether to decide".
Lack of transparency condemned
According to Maya, the Constitution requires that the decisive judgment on whether to remove a president be taken by a special majority of the National Assembly after proper engagement with evidence. However, Rule 129I allowed the process to be terminated at a threshold stage without the National Assembly fully examining the merits.
The court found that this resulted in a critical "lack of transparency and openness in the process", with the National Assembly's decision taken "without the benefit of a full and public exposition of the issues".
Chief Justice Maya emphasised that where evidence is properly tested and placed in the public domain, "it equips the electorate with information that bears directly on the exercise of political choice" and enhances conditions under which MPs themselves deliberate.
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What happens next
The court's orders are sweeping: Rule 129I is declared unconstitutional and invalid, the December 2022 vote is set aside, and the independent panel's report-which found prima facie evidence that Ramaphosa abused his office and violated anti-corruption laws-must now be referred to an impeachment committee established by the National Assembly.
The judgment was unanimous on the challenge to Rule 129I's validity, though reached by majority on other aspects including the invalidity of the National Assembly vote itself.
Parliament has been ordered to pay the costs of the first applicant, including counsel where applicable.
Political earthquake
The ruling represents a stunning reversal for Ramaphosa, who appeared to have survived the Phala Phala scandal when Parliament voted against pursuing impeachment proceedings in December 2022. That vote will now be treated as if it never happened, forcing Parliament to restart the process with full transparency and rigorous testing of evidence before an impeachment committee.
The judgment was delivered exactly 30 years after the Constitution's adoption on 8 May 1996.
