'The fact that judgments are delivered late does not mean that judges are not working.'
Chief Justice Mandisa Maya says the Phala Phala judgment has been held up because the Constitutional Court (ConCourt) is grappling with several obstacles that have slowed its work.
The ConCourt is yet to hand down its ruling in the matter brought by the Economic Freedom Fighters (EFF), despite hearing the case in November 2024.
The delay has drawn strong criticism from the EFF, which is seeking an order to overturn parliament’s decision not to adopt the findings of the section 89 independent panel.
That panel concluded that President Cyril Ramaphosa had a case to answer following the February 2020 break-in at his Phala Phala game farm in Limpopo, during which $580 000 concealed inside a couch was allegedly stolen.
Three Namibian nationals — Imanuwela David, Froliana Joseph, and her brother Ndilinasho David Joseph — are currently on trial for the burglary.
Chief Justice Maya on ConCourt challenges
Speaking at a media briefing on Tuesday, where the judiciary released its reports for the past two financial years, Maya explained that matters before the ConCourt typically require the “intense attention” of every justice, who must sift through extensive material, including multiple sets of written arguments.
As a result, the court faces a “substantially greater volume” of reading and preparation than other tiers of the judiciary.
“The apex court’s schedule is significantly impacted by a heavy flow of high-profile, complex and urgent matters that fall within its exclusive jurisdiction or ambit of directive access,” she said.
The chief justice explained that while the courts strive to deliver reserved judgments promptly, the ConCourt and the Supreme Court of Appeal (SCA) are experiencing significant strain.
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While she cited an “endless list” of challenges, including vacant posts, infrastructure failures, and security concerns, Maya highlighted that the core problem is that the number of judges has stayed the same over the years.
“The number of judges remained constant for a long time, while litigation has exploded in the country.
“As we all see, resources are dwindling, there are financial constraints, the equipment and infrastructure around us are crumbling,” Maya said.
Watch the media briefing below:
She emphasised that delayed judgments weigh heavily on the judiciary.
“The fact that judgments are delivered late does not mean that judges are not working, but because of these, all other issues I mentioned cause the delays.
“There are only so many hours in a day, and there are only so many judges to do the job.
“But that is not an excuse, we should be in a position to get work out as soon as it is reasonably demanded,” the chief justice remarked.
Phala Phala judgment
Maya said that the frustration of interested parties regarding certain cases was “fully understandable” and stressed that the judiciary is actively working to resolve outstanding judgments.
She added that there is no ulterior motive behind the hold-up on the Phala Phala judgment.
“All I can say is that efforts are being made to deliver that, and other judgments still outstanding, as expeditiously as possible, and there is no sinister reason for delaying the judgment.
“It is just delayed, as have been the others. I wish I could give a better answer, but that is what it is. The judgment will come out as soon as possible.”
Phala Phala prosecution review
Maya’s remarks come as the EFF prepares to march to the ConCourt in Braamfontein to press for the immediate release of the judgment.
Earlier this month, outgoing National Director of Public Prosecutions (NDPP) Shamila Batohi told parliament that the decision not to prosecute Ramaphosa is currently under review.
The Specialised Commercial Crimes Unit (SCCU), a division of the National Prosecuting Authority (NPA), is handling the reassessment.
The review follows the EFF’s challenge to Limpopo Director of Public Prosecutions (DPP) Mukhali Ivy Thenga’s October 2023 decision to decline to charge Ramaphosa or any other individuals linked to the case.
The move was based on an investigation by the Directorate for Priority Crime Investigation (Hawks) that found the evidence did not meet the threshold for a reasonable prospect of conviction.
Meanwhile, the Phala Phala criminal case is scheduled to continue at the Modimolle Regional Court on 8 December.
The NPA has confirmed that Ramaphosa will not testify in the trial.
