The Presidency has defended President Cyril Ramaphosa’s decision to petition the Constitutional Court (ConCourt) in an attempt to review the adverse findings made against him in section 89 of the Phala Phala report.
Phala Phala panel report
The ConCourt on Wednesday rejected the president’s application for direct access to challenge the findings of the report, which found that Ramaphosa may have a case to answer over the theft of foreign currency at the Phala Phala game farm in Limpopo in 2020.
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The apex court ruled that “no case is made out for exclusive jurisdiction or direct access”. This means Ramaphosa will have to approach the high court to challenge the report’s scathing findings against him.
Media briefing in Tshwane on the president’s public program, Ramaphosa’s spokesperson Vincent Magwenya said the president was right to petition the ConCourt instead of the lower court.
“Our view is that they are right because the matter is related to the report that was seized with the actions of the president. Our view is that ConCourt is the right court to hear the matter,” said Magwenya.
Procedural matters
He said the ConCourt’s decision to dismiss the petition was merely a procedural matter as it was unrelated to Ramaphosa’s matter.
“The judgment is related to what I would call a procedural matter regarding the president requesting direct access to the Constitutional Court. The judgment does not state the merits of the case.
“It just says that there is no case for the ConCourt that is directly requested.”
Magwenya said the ConCourt’s decision on the matter could not be taken as a blow to Ramaphosa.
“The ruling is related to what I would call a procedural matter regarding the president requesting direct access to the Constitutional Court. The ruling does not state the merits of the case.
“This is not a blow to the president. What will happen now is that the legal team will gather and map out the way forward, and consider the options that will be taken.
“It should not be a blow and it is not a judgment on the substance and merits of the case; it is only a procedural issue,” he said.
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Magwenya also rejected suggestions that Ramaphosa’s decision to take the report on review was tantamount to taking Parliament to court.
He said the president approached ConCourt to ask for clarity on the panel’s “defective” findings.
“The statement about taking the Parliament to court is a political suggestion of some, which makes no sense.”
Chapter 89 Panel
Last year, a three-member independent panel chaired by retired chief justice Sandile Ngcobo – appointed by National Assembly Speaker Nosiviwe Mapisa-Nqakula to determine whether Ramaphosa had a case to answer over the looting of the Phala Phala game farm.
The panel’s report found that Ramaphosa may have a case to answer and recommended that he face parliamentary impeachment proceedings on charges of money laundering, kidnapping, and corruption related to the robbery.
On 13 December 2022, the report was overwhelmingly rejected by the majority of African National Congress (ANC) MPs, who voted not to adopt it.
This paved the way for Ramaphosa to be elected for a second term as ANC president at the governing party’s 55th national conference in December.
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