Phala Phala Findings Remain Valid Despite ConCourt Ruling, Says Public Protector

JOHANNESBURG – The Office of the Public Protector has clarified that the recent Constitutional Court judgment regarding the Phala Phala scandal does not nullify its earlier findings, which cleared President Cyril Ramaphosa of wrongdoing.

The Constitutional Court ruled on 8 May 2026 that the National Assembly’s 2022 decision to block an impeachment inquiry into the President was unconstitutional. The court found that Rule 129I of the National Assembly was invalid and ordered that the Section 89 independent panel report—which found prima facie evidence against the President—be referred to an impeachment committee.

However, Public Protector spokesperson Ndili Msoki stated on 12 May 2026 that this ruling only addresses parliamentary processes and does not impact the Public Protector’s independent investigation.

 “The Constitutional Court did not deal with or consider or review or make any findings on our report,” Msoki said. “So the ConCourt judgment doesn’t undermine or qualify or interact with it in any way”.

The controversy stems from the 2020 theft of approximately $580,000 in foreign currency hidden in a sofa at Ramaphosa’s Phala Phala farm.

Public Protector Kholeka Gcaleka previously cleared the President of improper conduct, finding that allegations of a violation of the Executive Ethics Code were not substantiated. While the Public Protector stands by these findings, opposition parties and civil society groups continue to call for further accountability following the apex court’s decision.

Following the court ruling, Advocate Gcaleka issued a stern warning against public “insults” directed at her office. The Office of the Public Protector reminded the public that insulting the Public Protector or Deputy is a criminal offence punishable by fines of up to R40,000 or 12 months in prison.

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