PHUTI MOSOMANE
THE Economic Freedom Fighters (EFF) and the Democratic Alliance (DA) have welcomed the dismissal of President Cyril Ramaphosa’s direct application to the Constitutional Court and urged Parliament to establish an ad hoc committee to deal with Phala Phala matter.
In a unanimous judgment, the Constitutional Court dismissed Ramaphosa’s application for direct access to the apex court to overturn the findings of the Section 89 Independent Panel’s report on Phala Phala.
“We have therefore written to the Speaker of Parliament to demand the establishment of an ad hoc Committee to investigate all crimes committed in Phala Phala and to formally establish the impeachment process against Mr. Cyril Ramaphosa. It will be irrational, senseless and reckless for the speaker to refuse to hold Mr Ramaphosa accountable,” EFF said in a statement on Wednesday.
EFF leader Julius Malema said his party will approach the court if National Assembly Speaker Nosiviwe Mapisa0Nqakula refused to establish an accountability mechanism against Ramaphosa on the Phala Phala saga.
“We will closely monitor all developments and will not close any eye to what has to happen,” he said.
Meanwhile, Presidency spokesperson Vincent Mangwenya said Wednesday’s Constitutional Court order was not about the merit of the case but about the approach.
“We still insist that the Report was flawed but the legal team will meet and find a way forward,” he said.
The EFF said it welcomed the ruling of the Constitutional Court against Ramaphosa for direct access, to reverse the findings and recommendations of the independent panel.
“From the beginning, we as the EFF knew Mr. Ramaphosa’s approach to the Constitutional Court was irrational and senseless, because he was asking the highest Court in the land to prevent Parliament from him holding him accountable on the many crimes committed in Phala Phala,” the EFF said in a statement.
The party said Parliament has an obligation to find out and reveal to the people of South Africa as to the origins of the millions of dollars found in Ramaphosa’s farm, and also expose the “nefarious roles played by members of the South African Police Service, SARS, SARB, FIC and other entities that are obliged to act against all forms and manifestations of financial crimes.”
Malema said Parliament must gain access to Phala Phala farm, subpoena Ramaphosa, interview workers including, protectors and advisors, and gain access CCTV footages.
The Section 89 report concluded that there exists prima facie evidence that Ramaphosa may have committed a serious violation of the Constitution by committing a range of crimes as well as serious misconduct inconsistent with his oath of office over the alleged coverup of the theft of millions of dollars hidden in a sofa on his Phala Phala game farm.
In its judgment, the Constitutional Court held that “no case has been made out for exclusive jurisdiction or direct access and the main application must be dismissed.”
Leader of the official opposition John Steenhuisen, said the judgment confirms what the DA has been saying from the start, which is that this matter can only be fully investigated, to the necessary extent, by the National Assembly in the form of an ad hoc committee in accordance with Rule 253.
He said the DA will table a motion with the Speaker of the National Assembly to establish an ad hoc committee on the Phala Phala scandal in order to bring this matter to the constitutional body empowered to deal with it; the National Assembly.
“As we have previously argued, the Phala Phala scandal does not begin and end with the President, and as such, it necessitates an ad hoc committee that will have the full powers to summon and investigate Cabinet Ministers, law enforcement bodies, and other state institutions allegedly involved in this cover up,” said Steenhuisen.
An ad hoc committee, he said, is the route that Parliament should have followed when this scandal first broke.
“And the first witness that must be called by this committee is Cyril Ramaphosa himself. It is highly irresponsible conduct by the President to bat the Phala Phala scandal between Parliament and the courts all in an attempt to evade difficult questions and full transparency and accountability,” he said.
Steenhuisen said Ramaphosa only launched the Constitutional Court application to set aside the Section 89 report in a desperate attempt to save his political skin.
“Now that this attempt has been unanimously dismissed by the highest court in the land, it is time for the President to finally tell the full truth about Phala Phala,” he said.
INSIDE POLITICS
