By Thapelo Molefe
The African Transformation Movement (ATM) has submitted a motion of no confidence in President Cyril Ramaphosa, calling for him, members of his cabinet and deputy ministers to resign over the handling of the Phala Phala scandal.
In a letter addressed to National Assembly Speaker Thoko Didiza, ATM parliamentary leader Vuyo Zungula asked that the motion be placed urgently on the National Assembly Order Paper and that the vote be held by secret ballot.
“The African Transformation Movement stands ready to debate this motion at the earliest available opportunity and will cooperate fully with the scheduling process,” Zungula wrote.
The motion was submitted in terms of Section 102(2) of the Constitution and Rule 129(I) of the National Assembly Rules. Section 102(2) provides that if the National Assembly passes a motion of no confidence in the President by a majority of its members, the President, cabinet and deputy ministers must resign.
The ATM said Parliament no longer had confidence in Ramaphosa, citing the Constitutional Court’s judgment last week on the National Assembly’s handling of the Section 89 impeachment process linked to the Phala Phala matter.
“The Constitutional Court has declared Parliament’s handling of the Section 89 process relating to President Cyril Ramaphosa unlawful,” the motion states.
“The Constitutional Court confirmed that the Rules of the National Assembly, including Rule 129(I), must operate as effective accountability mechanisms and not as procedural barriers.”
The court declared the National Assembly’s December 2022 decision not to refer the independent panel report to an impeachment committee invalid and set it aside.
The ATM said Parliament had been used “to shield the President from proper scrutiny” regarding the Phala Phala matter and accused lawmakers of failing to refer the issue to an impeachment committee.
The motion also relies on findings contained in an Independent Police Investigative Directorate report into the Phala Phala saga.
The report made findings against police officers linked to the Presidential Protection Unit, including allegations relating to the concealment of the housebreaking and theft, the use of state resources, unlawful investigations, kidnapping, unlawful apprehension and the interrogation of suspects.
The IPID report did not make criminal findings against Ramaphosa personally. Its findings focused largely on the conduct of police officers involved in the response to the theft at the President’s private farm.
“The factual circumstances surrounding the Phala Phala matter point to a pattern of concealment, non-disclosure and the use of parallel security structures to avoid ordinary legal scrutiny and accountability,” the motion states.
ATM also referenced sworn affidavit evidence by Major-General Wally Rhoode, saying it implicated Ramaphosa in the handling of the matter.
The party said the “cumulative effect” of the IPID report, affidavits and Constitutional Court findings raised serious concerns about the use of state resources and security structures.
ATM said Ramaphosa’s continued tenure had become “detrimental to the credibility, integrity and public confidence in the Office of the President and the institutions of the State”.
Ramaphosa has denied wrongdoing in the matter. The Presidency previously said he respected the Constitutional Court judgment and remained committed to the rule of law and accountability.
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