MEDIA RELEASE
2025-05-11

SUMMARY: The Labour Party of South Africa (Labour Party) says the Constitutional Court judgment in the Phala Phala matter has once again exposed the structural weaknesses of South Africa’s current political system, where the President is effectively protected by party majorities in Parliament instead of being directly accountable to the people. The Labour Party argues that the judgment reinforces the urgent need for a Presidential Democracy in which the State President is elected directly by the people and not indirectly through political parties in the National Assembly. The Labour Party further states that the repeated constitutional crises surrounding Presidents Jacob Zuma and Cyril Ramaphosa demonstrate that the current parliamentary democracy system has failed to ensure accountability, stability and genuine democratic oversight. 

The Labour Party welcomes the Constitutional Court judgement delivered on Friday (8 May 2026) which invalidated the National Assembly’s unlawful actions of rejecting the section 89 independent panel report relating to the Phala Phala matter involving President Cyril Ramaphosa. The Labour Party laments the delays by the Constitutional Court in handing down this judgement and rejects the apology and reasons rendered by Chief Justice Maya. Justice delayed is justice denied. 

The section 89 panel, chaired by former Chief Justice Sandile Ngcobo, had previously concluded that prima facie evidence existed indicating that President Ramaphosa may have committed serious misconduct and/or violated his oath of office. The ANC led National Assembly voted against the panel report and its recommendations, after parliament had spent more than R5 million rand of tax payer money in the inquiry. “This judgment exposes the deep flaws of South Africa’s current political system. The problem is not only about one President or one scandal. The problem is that South Africans do not directly elect their President, yet they suffer the consequences of presidential failures while political parties use parliamentary numbers to shield leaders from accountability”, said Joseph Mathunjwa, interim President of the Labour Party. 

South Africa is at a political fork-road with an incompetent political system and an unresponsive electoral system. The Constitutional Court judgement should be properly characterised as an indictment of parliament. It has confirmed our long standing cries that the current party political system saves political parties better than the electorate. Our politicians have no conscience as they are whipped to follow the party line and now need to hang their heads in shame. “We have now seen this pattern repeatedly under different Presidents. Parliament becomes a battlefield for party protection instead of a mechanism for accountability. The people vote for parties, and then parties decide who governs, who survives and who is protected. That is not genuine people’s power”, Mathunjwa said. 

The Labour Party maintains that there is a need to reset the current political system through the introduction of a Presidential Democracy coupled with devolution of power under federalism. “The Labour Party believes South Africa must move towards a Presidential Democracy where the President receives a direct mandate from the people and is directly accountable to the people. South Africans must be able to elect their President themselves instead of having Presidents produced through internal party arrangements and factional negotiations”, Mathunjwa said.

The Labour Party notes the due process set out in the Constitutional Court judgement instructing the National Assembly to institute an impeachment process and amend the impugned National Assembly rules. The Labour Party urges that the President should do the honourable thing and save South Africans time and the crisis of having a leader under public scrutiny. South Africa is a theatre of commissions, inquiries and parliamentary processes. The impeachment process will be another protracted exercise of accountability subjected to legal due process. This judgement is a competent reason for the President to resign and for parliament to be dissolved and fresh national elections to be called, since this crisis occurred under the watch of parliament.

Parliament should be a platform to discuss socio – economic challenges facing South Africans. However, it has now been relegated to an instrument of protecting factional party political interests for self-serving politicians with no national interests at heart. “South Africans are tired of endless scandals, endless commissions and endless constitutional crises while communities suffer. The country needs a political system that gives power back to the people and makes leaders directly accountable for their decisions and conduct”, Mathunjwa stated.

South Africans cannot be held at ransom by a political process and system that is not consistent with their vote. In as much as the GNU was not in the ballot box, the constitutional court judgement demonstrates that parliament is incapacitated by party politics at the expense of the people. The Labour Party reiterates that its vision of constitutional reforms includes (i) direct election of the President by the people, (ii) federalism and devolution of powers; (iii) greater accountability of elected officials to communities; (iv) and constitutional reforms aimed at restoring democratic legitimacy and public trust. 

“The Phala Phala judgment is bigger than one individual. It is exposing a political system that has become disconnected from the people. South Africa cannot continue with a democracy where citizens vote once every few years while political elites negotiate power amongst themselves behind closed doors. The people themselves must choose their President”, Mathunjwa concluded.

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