Western Cape High Court Orders Parliament to Review PRASA Complaints Against Fikile Mbalula

The Western Cape High Court ruled on 13 October 2026 that Parliament’s ethics committee must reconsider complaints lodged by civil society movement #UniteBehind against former transport minister Fikile Mbalula and the late MP Dikeledi Magadzi concerning alleged corruption linked to the Passenger Rail Agency of South Africa (PRASA).

These complaints were initially brought in September 2022. However, Parliament’s ethics committee decided in April 2023 to close the files after both Mbalula and Magadzi resigned as members of Parliament. The committee had argued that the resignation ended their mandate to process the complaints.

The court set aside this decision, stating that the resignation did not absolve the ethics committee of its responsibility. As quoted by GroundUp, the judgment noted: “An order setting aside the decisions to close the files therefore has a practical effect. It restores the complaints to the committee which is obliged to consider the registrar’s reports and to make findings.”

#UniteBehind had accused both Mbalula and Magadzi of involvement in corruption, mismanagement, and state capture linked to PRASA. The campaign argued that Parliament failed to hold the former MPs accountable. These remain allegations as neither individual has been criminally charged in relation to these claims.

In the meantime, Parliament adopted a revised code of conduct in May 2024 while litigation over the complaints was pending. This move was challenged by #UniteBehind, contending that the changes were made without public consultation and could obstruct the ethical proceedings.

The dispute escalated to a full bench of the Western Cape High Court, which heard the matter in August 2025, involving Judges Lister Nuku, Hayley Slingers, and Acting Judge Jonker. The October ruling finalised that the complaints must be actively considered despite the resignations.

Dikeledi Magadzi’s passing further complicates the case, as any parliamentary findings related to her conduct will have a limited practical effect. However, the ruling clearly affirms Parliament’s continued duty to investigate and deal with ethical complaints regardless of an MP’s status.

This decision marks a significant precedent for parliamentary accountability, emphasising that resignation does not grant immunity from ethics investigations. It underscores ongoing public concerns about governance and transparency within South Africa’s political institutions.

A Cape Flats News journalist will continue monitoring any development following the ethics committee’s renewed consideration of the complaints.

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