Johannesburg – A Constitutional Court judgment delivered on Friday has thrust South Africa’s long-running Phala Phala controversy back into the spotlight, prompting renewed debate about the circumstances surrounding the removal of former Public Protector Busisiwe Mkhwebane.
Mkhwebane was suspended by President Cyril Ramaphosa in June 2022, just days after she launched an investigation into allegations that millions of US dollars in foreign currency had been stolen from his Phala Phala farm in Limpopo. The case centred on claims that the theft was not properly reported to authorities at the time.
Months later, Parliament voted to remove her from office through a Section 194 process. The move, supported by the ANC and DA among others, followed findings that she had committed misconduct and shown incompetence during her tenure, based on several court judgments that overturned her reports in other matters.
On Friday, the Constitutional Court ruled that Parliament had acted unconstitutionally when it voted in December 2022 to reject a Section 89 independent panel report recommending further scrutiny of President Ramaphosa over the Phala Phala matter. The court set aside that vote and ordered the matter be referred to an impeachment committee for proper consideration.
The judgment does not directly address Mkhwebane’s removal, which was completed in September 2023. However, it has revived public speculation about whether her pursuit of the Phala Phala investigation played a role in the timing and intensity of efforts to oust her.
Divided Reactions
Supporters of Mkhwebane have seized on the latest ruling, arguing it lends weight to claims that she was targeted for investigating powerful political figures. They point to the proximity of her suspension to the launch of her Phala Phala probe as evidence of political interference.
Critics, however, maintain that her removal was justified on separate grounds. Multiple court rulings had already criticised her handling of investigations, including findings of gross negligence and overreach in unrelated cases. Parliament’s Section 194 inquiry concluded she was unfit for office based on this record.
President Ramaphosa’s office has previously denied that Mkhwebane’s suspension was retaliatory, stating that the process predated her specific questions on Phala Phala.
Lingering Controversy
The Phala Phala scandal first erupted in 2022 when former State Security Agency head Arthur Fraser alleged that large sums of foreign currency, believed to stem from the sale of game at the president’s farm, were stolen in a burglary and that the matter was mishandled. Ramaphosa has consistently denied any wrongdoing, maintaining the funds were legitimate and the incident was reported appropriately.
The latest Constitutional Court decision does not determine the president’s guilt or innocence but focuses on procedural fairness in Parliament’s handling of the impeachment motion. It ensures the independent panel’s findings must now be properly debated through established rules.
Political analysts say the ruling highlights ongoing tensions around accountability mechanisms for high office-bearers and the independence of Chapter Nine institutions like the Public Protector.
As South Africans continue to grapple with deep divisions over the case, one point remains clear: more than four years after the initial allegations surfaced, the Phala Phala saga continues to test the country’s democratic institutions and public trust in its leaders.
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