The streets of Johannesburg were flooded in red as the Economic Freedom Fighters (EFF) marched to the Constitutional Court on Friday to submit a memorandum demanding the immediate release of the long-delayed Phala Phala judgment.
The red berets said the Court’s silence had created a crisis of confidence in the judiciary. It also accused the court of failing to uphold constitutional supremacy.
Year-long delay in handing down judgment
In the memorandum dated November 28, 2025, addressed to Chief Justice Mandisa Maya, the EFF said it was profoundly dissatisfied with the Court’s year-long delay in handing down judgment in the case brought by the EFF and the African Transformation Movement (ATM) over Parliament’s rejection of the Section 89 panel report on President Cyril Ramaphosa.
“This delay has created a crisis of confidence in the judiciary. And it casts doubt on the principle that all persons, regardless of office, are equal before the law. We stand here to demand the immediate release of the long-reserved judgment,” reads the memorandum in part.
The case concerns the Phala Phala scandal, which began after an estimated $4-million was stolen from Ramaphosa’s farm in February 2020.
According to the memorandum, the money was “hidden in furniture and never declared to the South African Reserve Bank (SARB) or SARS as required by law”. And it was linked to a questionable buffalo sale that collapsed under scrutiny.
“Instead of reporting the theft to the South African Police Service (SAPS) as mandated by Section 34(1) of PRECCA, the president used his personal Presidential Protection Unit (PPU) to conduct a secret, unlawful investigation. This involved the alleged kidnapping, interrogation, bribery, and cross-border operations designed to suppress the scandal.
“This deliberate concealment was meant to protect the President’s private financial interests. In direct violation of the Constitution and the law,” reads the memorandum.
Arthur Fraser’s 2022 criminal complaint
The matter only reached the public after former State Security Agency boss Arthur Fraser filed a criminal complaint in June 2022.
This triggered political and legal battles. The battles included the Section 89 Independent Panel led by former Chief Justice Sandile Ngcobo, which found prima facie evidence that Ramaphosa violated the law.
According to the memorandum, the ANC caucus in Parliament voted to reject the panel’s findings. The EFF said MPs were denied a secret ballot, which would have allowed them to vote without fear of intimidation.
The memorandum also blames institutions such as SARS, SARB and the Office of the Public Protector. It accuses them of failing in their duties.
This led the EFF and ATM to approach the Constitutional Court in November 2024. They argued that Parliament acted unlawfully and irrationally. They also said the Speaker violated the Constitution by preventing MPs from voting independently. Also that the National Assembly failed in its duty to hold the Executive accountable.
The matter was heard on November 26, 2024, and judgment was reserved. The EFF notes that this is now exactly one year without any ruling from the court.
In violation of norms, standards
The party cited the Norms and Standards for Judicial Officers.
“Every effort shall be made to hand down judgments no later than three months after the last hearing.”
According to the memorandum, withholding the Phala Phala judgment “creates the perception that the ConCourt is unwilling to confront the President. And that the Head of State is effectively above the law.”
The party says it submitted the memorandum with the seriousness the moment demands. It called on the apex court to restore public confidence by handing down the judgment without further delay.
