The infamous Phala Phala saga is nothing more than political theatre and distraction; it is failing to improve the lives of ordinary South Africans that could sink President Cyril Ramaphosa and scorch his legacy.
The EFF’s Constitutional Court case over the National Assembly’s handling of an ad hoc committee report into the Phala Phala saga was a fascinating hearing during which the justices of the apex court robustly challenged legal teams from all sides.
The EFF is seeking to overturn parliament’s decision, approved by a majority, not to hold an impeachment inquiry into Ramaphosa’s conduct after a Section 89 panel chaired by former chief justice Sandile Ngcobo had found that the evidence provided to it “prima facie” established that there was misconduct by the president.
The ANC voted against the impeachment process based on legal opinion it obtained, and given its outright majority in the sixth administration its will prevailed. Judgment was reserved in the Constitutional Court on Tuesday, but politically, does it really matter what the court finds?
For its part, the EFF is seeking to mirror the approach it took to weaken Jacob Zuma using the state-sponsored R250m upgrades to his private residence at Nkandla, by using Phala Phala against Ramaphosa. But even if the EFF wins its case and the matter goes back to parliament and Ramaphosa is subjected to impeachment proceedings, he will most likely survive.
Phala Phala is a murky saga, where the truth is cloaked in the embellishments of a rogue, allegedly corrupt, dodgy spy, Arthur Fraser, with ties to Zuma, Ramaphosa’s arch-nemesis. Fraser opened a criminal complaint against Ramaphosa in 2022, alleging that he had covered up the theft of $4m in cash stashed in a couch at his Phala Phala farm in Limpopo in 2020, a month before the country went into lockdown.
The public protector, SA Revenue Service and SA Reserve Bank found no wrongdoing by Ramaphosa, and the National Prosecuting Authority in Limpopo opted not to pursue any prosecutions in the matter. Ngcobo’s panel, Ramaphosa argues in his submission to the court, also leapt to enormous conclusions based simply on Fraser’s allegations.
An impeachment process in parliament will, therefore, essentially be a political process. The test will then be Ramaphosa’s strength inside the ANC and the government of national unity.
Inside the ANC, Ramaphosa has never been stronger — ironic, since the party’s worst electoral performances have been recorded on his watch. But he inherited a corrupt, kleptocratic, incompetent, shadow state from his predecessor — Zuma — and the ANC was also deeply divided and factionalised.
Zuma’s creation of the MK party has helped reduce his influence in the ANC through his most ardent backers following him out. Some senior leaders who still sympathise with Zuma are also understood to be on their way out.
In addition, the ANC will have to tread carefully now in contemplating the early removal of a president given its fragile electoral support. It also faces the inevitability of having to choose a successor to Ramaphosa — it will have to be punctilious in its choice, again given its electoral vulnerability.
Ramaphosa remains the most popular leader the ANC has. His potential successors, from Paul Mashatile to Gwede Mantashe and Fikile Mbalula, do not come close in the approval ratings.
Ramaphosa also has a mandate in this term not simply from the ANC, but from the 10 parties that form part of the government of national unity, which are unlikely to vote for his impeachment without Phala Phala being first ventilated within the coalition structures.
The EFF, ATM and MK’s bid to use Phala Phala against Ramaphosa in parliament is therefore likely to fall flat. It was Ramaphosa himself who highlighted the starkest threat to the country, his administration and his legacy in his address to the National Council of Provinces on Thursday.
He conceded that many of the economic challenges in SA were home-grown due to “state capture and corruption, policy missteps, service delivery failures and civil unrest”.
“As we work to put these challenges behind us, our focus is on the actions we must take — boldly and with urgency — to implement our electoral mandate,” he said. “Our actions must make a real difference in people’s lives now.”
This was the most emphatic Ramaphosa has been in months on what needs to be done to turn SA around. South Africans are through with political theatre, voters want the government to work for them now. Delivering basic services, controlling the cost of food and essentials, reducing crime, providing decent education and jobs. These are the priorities for any party wanting to make headway with voters.
Ramaphosa’s legacy will in the end be shaped by whether his second term truly shifts the lived experience of ordinary South Africans. His first term did not.
• Marrian is Business Day editor at large.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.