President Cyril Ramaphosa may still take parliament’s report, in which it was found he may have broken anticorruption laws, on legal review despite the Constitutional Court’s dismissal of his bid to have the report challenged.
The apex court on Wednesday threw out Ramaphosa’s application for direct access to the court, saying that it lacks jurisdiction over the matter, which in 2022 threatened his political future as ANC president.
“No case has been made for exclusive jurisdiction or direct access, and the main application was dismissed,” the short judgment reads. “Consequently, the application to intervene falls to be dismissed.”
The judgment did not deal with the merits of Ramaphosa’s case, in which he sought for the court to declare the report unlawful and set it aside, particularly its finding that he may have been involved in impeachable conduct. The judgment opens the way for Ramaphosa to approach a lower court for consideration.
“The legal team will convene and map the way forward and consider the options … it is not necessarily a blow [to the president], said Ramaphosa’s, spokesperson, Vincent Magwenya.
In December, the National Assembly voted to reject the adoption of the impeachment inquiry aimed at holding Ramaphosa accountable for allegedly concealing the theft of the funds at his game farm. This paved the way for Ramaphosa to be re-elected as ANC president in December.
Serious violations
The panel, which included retired judge Thokozile Masipa and advocate Mahlape Sello, found the president may have committed serious violations of the Prevention and Combating of Corrupt Activities Act and the constitution “by exposing himself to a situation involving a conflict between his official responsibilities and his private business”.
Other state institutions investigating the theft include the Reserve Bank, SA Revenue Service, the police and the public protector.
Opposition parties the DA, the African Transformation Movement and the EFF want the legislative arm of the state to reconsider the section 89 panel’s report after the judgment. However, parliament says its process regarding the matter is closed after the National Assembly’s rejection of the report.
“Parliament’s process on this is done and dusted,” spokesperson Moloto Mothapo told Business Day.
DA leader John Steenhuisen said the National Assembly should form an ad hoc committee in accordance with rule 253 for the matter to be investigated by parliament.
“The DA will once again table a motion with the speaker of the National Assembly, Nosiviwe Mapisa-Nqakula, to establish an ad hoc committee on the Phala Phala scandal to bring this matter to the constitutional body empowered to deal with it — the National Assembly,” Steenhuisen said.
“The speaker of parliament must as a matter of urgency put in place mechanisms [and] committees, and set aside resources for parliament to investigate all the crimes committed [at] Phala Phala,” said EFF spokesperson Sinawo Tambo.
“Parliament must gain access to Phala Phala farm, subpoena Mr Ramaphosa, interview all the workers including his protectors and adviser, gain [access to] footage [of] all of what transpired and call all state institutions that did not do anything about Phala Phala.”
The ATM said the impeachment process remains the “only credible process for Mr Ramaphosa to respond to the findings of the S89 panel report”.
Ramaphosa had applied for direct access to the apex court in reviewing the three-member section 89 panel report due to the serious nature of the recommendations in it.
Updated: March 01 2023
This article has been updated with additional information
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