Phala Phala fallout: ANC closes ranks as Ramaphosa fights back

The ANC has united behind Cyril Ramaphosa after the Constitutional Court reignited the Phala Phala saga, with the President now preparing legal action.

Following the Constitutional Court ruling that reignited the Phala Phala controversy, President Cyril Ramaphosa has made it clear that he has no intention of stepping down, instead turning to legal avenues to slow the political fallout.

At the same time, the ANC has rapidly rallied around its leader, closing ranks and moving to contain any signs of internal dissent. Earlier this month, the Constitutional Court ruled that Parliament acted unlawfully when it voted against referring the Section 89 panel report on Ramaphosa’s conduct over the Phala Phala scandal to an impeachment committee.

The independent panel, chaired by former Chief Justice Sandile Ngcobo, found prima facie evidence against the President relating to his handling of the aftermath of the 2020 robbery at his Phala Phala farm, where more than $580,000 (roughly R10 million at current exchange rates) in cash was allegedly stolen from furniture on the property.

ANC unites behind Ramaphosa

But politically, the scandal may have had an unexpected effect on the ANC.

Instead of deepening divisions ahead of the party’s crucial 2027 elective conference, the renewed scrutiny appears to have forced competing factions to unite behind a common goal: protecting both Ramaphosa and the party’s increasingly fragile public image.

Reports suggest the ANC leadership is firmly backing the President, a show of unity that could become especially important as the party heads into another critical local government election cycle. Political analyst Professor Susan Booysen told /explain/ the resurrected scandal has unified the party, as, despite denials, a lot of lobbying for a potential successor to Cyril Ramaphosa has been taking place behind closed doors ahead of the party’s elective conference.

She said Ramaphosa, as the face of the party, has to be protected to safeguard the party’s reputation, and that, seeing that it is an election year, the party is willing to bat for him. She added that the party’s parliamentary caucus might have some remorse over not properly dealing with the matter in the first place.

“The party, which had the majority in parliament at the time, should have gone through the report thoroughly, and then they could have issued a statement saying that they had reviewed the report and found that there was insufficient evidence to impeach him, but they acted a bit arrogantly and brushed it aside,” Booysen said.

“By now, there should have been leaks showing significant cracks in the party, but the Ramaphosa faction has been working hard to contain the fallout, and all members are acutely aware of the fragile position the party is in,” she explained.

Responding to questions from /explain/, UKZN’s Zakhele Ndlovu said the party closing ranks over the matter, though significant, should not come as too much of a surprise. “I have déjà vu because we saw the same thing take place when Nkandla happened,” he said. Ndlovu said he was also not surprised that the infamously defiant KwaZulu-Natal branch did not dissent.

“KwaZulu-Natal is often the province that pushes back; however, members from the province understand that circumstances have changed, and they can no longer be seen as rebellious, as there is already evidence of Zuma supporters within the ANC in KZN. Therefore, they would not want to be seen as going against the party line,” he said.

Ndlovu stressed the importance of a unified ANC, which is facing another watershed election come November 4 when local elections take place. “By now, the ANC understands that divisions weaken them and they are desperate to hold on to the country’s metropolitan cities such as eThekwini, which they risk losing,” he said.

Ramaphosa turns to the courts

Like his party, Ramaphosa has shown he is prepared to fight to protect both his reputation and presidency. In the days leading up to the Constitutional Court judgment, the President moved unusually quickly. He met with the ANC’s top leadership, at which point a consensus reportedly emerged that he would remain in office.

He later addressed the nation, confirming that he would not resign and that he intended to challenge the Ngcobo report through a legal review process.

On Wednesday, it was revealed that Ramaphosa had kicked off the process by seeking permission from Chief Justice Mandisa Maya and Gauteng Judge President Aubrey Ledwaba to serve papers on two former senior judges who co-authored the report. News24 has reported that Maya has given her consent, while Ramaphosa’s legal team is still waiting for a response from Ledwaba.

According to reports, Ramaphosa is also preparing to file an urgent interdict to stop the parliamentary impeachment committee from sitting until the review of the Section 89 report is finalised.

To obtain an interdict, Ramaphosa will have to approach the High Court and request that, until the review process is complete, the committee cannot sit, legal expert Professor Karthy Govender told /explain/. Govender said that if he does not get a desirable outcome from the review, the committee will have to sit; however, if the review finds no prima facie evidence, the proceedings will be set aside.

To grant an interdict, the court will have to look at a few things, such as Ramaphosa’s legal rights, a reasonable apprehension of harm if the committee sits, an absence of alternative routes to stop the committee from sitting, and a balance of convenience [which side would suffer more harm or inconvenience from a court’s decision].

Govender added that the court would also have to assess the urgency of the matter, which, considering that a committee has already been formed, is a no-brainer. While Govender suspects that the court may have difficulty in weighing the balance of convenience, the matter is closely linked to South Africa’s democracy; he anticipates that the court will grant the interdict if Ramaphosa’s legal papers are outstanding.

A scandal far from over

What happens next is anybody’s guess, but what is indisputable is that this matter will be closely watched for weeks, if not months, as reviews come in.