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Phala Phala: Evidence shows Ramaphosa violated Constitution, broke anti-corruption laws

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CHARLES MOLELE

PRESIDENT Cyril Ramaphosa remained defiant on Wednesday night amid growing calls for him to resign over the Phala Phala forex scandal.

This after a damning Section 89 panel report which found that Ramaphosa may have committed a serious violation of anti-corruption laws and the Constitution.

The panel’s report presents a massive headache for the ANC as it heads to an elective conference in December and crucial national elections in 2024.

On Wednesday night, Ramaphosa reiterated the statement he made in his submission to the independent panel: “I have endeavored, throughout my tenure as President, not only to abide by my oath but to set an example of respect for the Constitution, for its institutions, for due process and the law. I categorically deny that I have violated this oath in any way, and I similarly deny that I am guilty of any of the allegations made against me.”

But according to a report by the panel of legal experts, chaired by retired Chief Justice Sandile Ngcobo, Ramaphosa has a case to answer for abusing his position as the Head of State.

“Why was the house breaking and theft not reported in terms of section 34 (1) of PRECCA (Prevention and Combating of Corrupt Activities Act) or to any other police officer for investigation,” the panel asks.

“Why did the South Africa police request the Namibian police requested to handle the matter with “with discretion.”

“The President abused his position as Head of State to have the matter investigated and seeking the assistance of the Namibian President to apprehend a suspect.”

The report concluded: “In light of all the information placed before the Panel, we conclude that this information discloses, prima facie, that the President may have committed: 264.1. A serious violation of sections 96(2)(a). 264.2. A serious violation of section 34(1) of PRECCA. 264.3. A serious misconduct in that the President violated section 96(2)(b) by acting in a way that is inconsistent with his office. 264.4. A serious misconduct in that the President violated section 96(2)(b) by exposing himself to a situation involving a conflict between his official responsibilities and his private business of the Constitution.”

ANC NEC is expected to meet on Thursday evening to discuss, among others, the future of Ramaphosa in light of the panel’s report.

UDM leader Bantu Holomisa called on the ANC leadership to recall Ramaphosa as soon as possible.

“The ANC must recall their deployee. We cannot afford to have a President who faces such serious allegations,” said Holomisa.

ATM leader Vuyo Zungula, who launched a motion of no confidence in Ramaphosa because of his involvement in the Phala Phala farm scandal, said the president should step down with immediate effect.

“He should resign with immediate effect,” said Zungula.

“A person who has an impeachable case to answer cannot be President. Mr Ramaphosa must resign.”

DA’s Chief Whip, Siviwe Gwarube, said the official opposition party has noted the findings of the independent panel.

“This is a defining moment for our constitutional democracy and must not be taken lightly,” Gwarube said.

“The panel makes some serious findings against the president, chief among them being that he may have violated the constitution. These are grounds for impeachment proceedings in Parliament. This is exactly why our focus must now be on the Parliamentary process.”

“While a vote on whether to institute impeachment proceedings against the president requires a 50% majority, we do hope that the ANC in Parliament will put party interests aside and abide by the constitutional obligation we all have.”

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