Fosa Response to Constitutional Court Judgment on Section 89 Matter

Tebogo Mashilompane
National Leader of Forum for South Africa

By Tebogo Mashilompane
National Leader of Forum for South Africa

The Forum for South Africa (FOSA) has noted the judgment handed down by the Constitutional Court of South Africa in the matter brought by the Economic Freedom Fighters against the Speaker of the National Assembly.

Let us be clear: this judgment is yet another stark reminder that constitutional accountability in South Africa is not optional—it is mandatory.

It exposes, once again, the dangerous tendency within political leadership to treat constitutional obligations as political inconveniences rather than binding duties.

FOSA rejects any attempt to sanitise or downplay the seriousness of the findings.

While Cyril Ramaphosa claims respect for the rule of law, respect is not demonstrated through statements—it is demonstrated through decisive, transparent, and accountable action.

South Africans are tired of carefully worded responses that avoid confronting the real issue: accountability at the highest level of power.

The Section 89 process was never meant to be a political shield.

It is a constitutional mechanism designed to ensure that no President operates above the law.

Any deviation from this principle is a direct assault on democracy.

FOSA further notes the President’s call for respect of judicial institutions.

Respect for the judiciary must begin with compliance, not convenience.

It cannot be selective. It cannot be rhetorical.

South Africa is facing a deepening crisis of trust in its institutions.

Judgments like this should not merely be “noted”—they must trigger consequences, reforms, and a renewed commitment to ethical governance.

FOSA calls on:

Parliament to act without fear or political bias in upholding constitutional processes

The Presidency to move beyond statements and demonstrate real accountability

South Africans to remain vigilant and refuse to normalise governance failures

The era of impunity must come to an end. The Constitution is not a suggestion—it is the supreme law of the Republic.