By Simon Nare
President Cyril Ramaphosa has filed papers in the Western Cape High Court seeking to review and set aside the independent panel report into the Phala Phala matter.
Ramaphosa is challenging the legal standard applied by the independent panel, arguing that it relied on an interpretation inconsistent with the law and failed to show there was sufficient evidence to justify impeachment proceedings.
The renewed focus on the Phala Phala saga follows a Constitutional Court ruling that Parliament must follow the correct process in finalising the matter relating to the theft of foreign currency from Ramaphosa’s private farm.
Following the ruling, Ramaphosa indicated he would pursue a judicial review, a move that could effectively halt the impeachment process if the court rules in his favour.
In papers filed in the Western Cape High Court, Ramaphosa challenged the panel’s conclusion that there was prima facie evidence against him relating to his handling of the 2020 robbery at the farm.
During Parliament’s earlier process, it emerged that Ramaphosa did not immediately report the matter to the police, but instead tasked his head of protection services and an adviser with privately investigating the robbery.
In his application, Ramaphosa argued that the panel incorrectly viewed itself as a “filter” to determine whether a motion established prima facie evidence that the president had a case to answer before an impeachment committee.
He said the panel concluded that the information before it “discloses prima facie” that he may have committed a serious violation or misconduct.
“The panel was mistaken. It is a threshold requirement for any charge against the president that it discloses a prima facie case in terms of Rule 129A. The panel does not simply repeat the same requirement. It must determine whether sufficient evidence exists to warrant an impeachment process,” Ramaphosa argued in the papers.
He further contended that the panel failed to properly assess whether sufficient evidence existed to show that he had in fact committed the alleged serious violation or misconduct.
“In other words, the question is whether there is sufficient evidence to show that the President actually committed the serious violation or misconduct.
“Instead of making that determination, the panel determined that the information before it disclosed prima facie that the President may have committed the alleged violation or misconduct,” he argued.
Ramaphosa maintained that this did not meet the requirement of Rule 129(1)(b), which requires sufficient evidence before impeachment proceedings can proceed.
Meanwhile, National Assembly Speaker Thoko Didiza has released the names of 31 MPs nominated by political parties to serve on the impeachment committee.
Under Parliament’s process, the committee will investigate the allegations further and make recommendations to the National Assembly. Should it recommend removal, the House would debate and vote on the matter, with a two-thirds majority required to remove a sitting president.
Parliament said GOOD and the Pan Africanist Congress would not participate in the committee because each party has only one MP serving in the executive.
The ANC nominees are Doris Mpapane, Xola Nqola, Soviet Lekganyane, Faith Muthambi, Cameron Dugmore, Dikeledi Direko, Boyce Maneli, Mirateko Mahlaule and Lusizo Makhubela, with Joy Maimela serving as an alternate.
The DA nominated George Michalakis, Baxolile Nodada, Glynnis Breytenbach, Karabo Khakhau and Nazley Sharif.
The uMkhonto weSizwe Party (MKP) nominated John Hlophe, Mmabatho Mokoena-Zondi and Khanyisile Litchfield-Tshabalala, while the Economic Freedom Fighters (EFF) nominated Julius Malema and Omphile Maotwe.
Other nominees include Nhlanhla Hadebe (IFP), Marlon Daniels (Patriotic Alliance), Wouter Wessels (FF Plus), Lerato Ngobeni (ActionSA), with Athol Trollip serving as an alternate.
The ACDP nominated Steve Swart, the UDM nominated Nqabayomzi Kwankwa, Rise Mzansi nominated Makashule Gana, Build One South Africa nominated Mmusi Maimane, the ATM nominated Vuyo Zungula, Al Jama-ah nominated Imran Ismail-Moosa, the National Coloured Congress nominated Fadiel Adams, and United Africans Transformation nominated Lehlohonolo Wonderboy Mahlatsi.
