Saturday, 9 May 2026: The South African Communist Party (SACP) has noted the Constitutional Court’s judgment on the application to declare unconstitutional the 2022 parliamentary vote on an impeachment motion relating to the now well-publicised Phala Phala scandal. As the SACP, we respect the authority of the court, respect its decision and thus welcome the judgment.
All structures of the state are bound by decisions of the courts, and these include the National Assembly as a body that was at the centre of this application. It follows, therefore, that parliament is expected to abide by the decision of the court and follow all the instructions contained therein with the aim to fulfil its obligations. As the SACP, we urge parliament to carefully consider the implications of the judgment for its operations and how it applies relevant laws to fulfil its mandate.
Given the fact that parliament is the primary law-making body in our system, it is notable and concerning that there have been a handful of Constitutional Court decisions that have placed parliament on the wrong side of the law in terms of both its processes and decisions. If the Republic cannot count on Parliament to be the best performing institution in upholding the laws, it means our system is in precarious waters. While we recognise the separation of powers between the branches of government, we also must hold parliament to a much higher standard of accountability regarding interpretation and application of the law.
It is our position that all actions of parliament following this court decision should be based on strict compliance with the letter and spirit of the law related to this question as well as the stipulations of this Constitutional Court decision. Any action to the contrary risks bringing into disrepute the totality of our government system and putting in doubt the legitimacy of its attendant institutions.
While we accept this judgment and canvass the principle to uphold the Constitution, we also condemn the DA’s opportunism and hypocrisy regarding this case. The DA’s continued participation in the GNU and its apparent condemnation of Phala Phala reflect a crisis of conscience for them. The opportunism manifested by this posture spells out their longstanding crisis of inconsistency: to pose on one side as law-abiding liberals and continue seeking power and positions even in conditions that contradict their supposed law-abiding principles on the other. The best manner to express their displeasure and alignment with those that criticise the Phala Phala scandal following this case is a total withdrawal from the GNU. However, we all know that the DA will not do that because it doesn’t stand on any real principle but seeks to position itself for parliamentary advantage.
We call on all lawmakers to take appropriate steps to defend our legal system and the regime of justice it seeks to preserve. All actions of political actors in parliament must be in line with this agenda.
ISSUED BY THE SOUTH AFRICAN COMMUNIST PARTY,
FOUNDED IN 1921 AS THE COMMUNIST PARTY OF SOUTH AFRICA.
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