PHUTI MOSOMANE
THE EFF has called on the National Assembly Speaker Nosiviwe Mapisa-Nqakula to revisit the possibility of initiating an impeachment process against President Cyril Ramaphosa.
This request comes in response to Ramaphosa’s recent announcement that he will no longer contest the Parliament’s Section 89 Panel Report, which was led by retired Chief Justice Sandile Ngcobo.
The panel, established by Parliament in accordance with Section 89 of the Constitution, was tasked with investigating whether Ramaphosa’s actions relating to the Phala Phala scandal warranted impeachment.
After conducting their inquiry, the panel concluded that there was a prima facie case for impeachment and left the decision of establishing an impeachment committee to Parliament.
The EFF has expressed deep concern regarding the findings of the Independent Panel’s report, which raises serious questions about the President’s conduct.
“The first of these was that the money stolen at the Phala Phala game farm owned by the president was potentially more than $580 000 allegedly from a Mr. Hazim for the sale of animals. The EFF will write to the Speaker again, urging her to reconsider the decision not to establish the impeachment committee, seeing that there are no further court challenges on the standing of the panel report,” party spokesperson Sinawo Thambo said on Tuesday.
The party also demanded that Speaker reassess the need to present the Panel Report to Parliament for a decision.
The party argued that failure to do so would constitute a serious dereliction of duty by Parliament, which could be subject to legal review.
The panel report uncovered suspicions of money laundering in relation to the transaction, as the funds were never declared to the South African Reserve Bank. Additionally, the farm manager claimed ignorance of the significant sum stored on the farm.
The report also found evidence suggesting that the President misused his powers to obstruct the investigation into the stolen funds, allegedly to conceal his own involvement.
According to the EFF, these findings necessitate a parliamentary inquiry to determine if President Ramaphosa’s conduct aligns with the criteria outlined in Section 89(1) of the Constitution, which would warrant impeachment.
However, in December of last year, the majority of National Assembly members voted against adopting the report due to Ramaphosa’s intention to challenge it in court.
Both the South African Reserve Bank (SARB) and the South African Revenue Services (SARS) have since confirmed that the Phala Phala funds discovered on Ramaphosa’s farm were never declared.
Consequently, the EFF insists that the Independent Panel’s report remains valid, serving as a significant obstacle for the President until Parliament exercises its constitutional powers by establishing an impeachment committee to hold him accountable.
In Ramaphosa’s application for direct access to the Constitutional Court, his request was rejected on grounds of lacking urgency.
The court determined that there was no basis for exclusive jurisdiction or direct access, leading to the dismissal of the main application.
In response, Ramaphosa’s spokesperson, Vincent Magwenya, said that the President sought advice on the Constitutional Court’s ruling regarding the independent panel’s investigation and associated report.
Magwenya confirmed that Ramaphosa has been advised against pursuing proceedings to review or challenge the panel report at this stage but reserves the right to do so under changed circumstances.
Vuyo Zungula, the President of ATM, expressed criticism, claiming that Ramaphosa misled his party into voting against a parliamentary inquiry by stating his intention to challenge the report. Zungula argues that a leader who evades accountability has no place as President of a country.
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