President Cyril Ramaphosa has announced his decision to approach the courts to review the Section 89 panel’s report in the Phala Phala matter and confirmed that he is not resigning.
He said he will proceed with his initial plan from 2022 to take the independent panel’s report on review on an expeditious basis.
Ramaphosa challenges Section 89 report in court
“Since a criminal complaint was laid against me in June 2022, I have consistently maintained that I have not stolen public money, committed any crime, nor violated my oath of office,” Ramaphosa told South Africa.
The president said this while addressing the nation on Monday evening following the Constitutional Court (ConCourt) ruling, which found that parliament acted irrationally in December 2022 when it blocked the referral of a Section 89 panel report.
The ConCourt set aside that decision and ordered the National Assembly to establish an impeachment committee.
The apex court also invalidated Rule 129I of the National Assembly rules, which governs how a president may be removed from office under Section 89 of the constitution.
The panel in question had previously determined that Ramaphosa may have a case to answer regarding the alleged theft of about $580 000 (approximately R9.6 million) from his Phala Phala game farm in Limpopo in February 2020.
President said findings based on hearsay and no evidence
Ramaphosa said that when the panel submitted its report in December 2022, he disagreed with its findings, alleging that the complaints against him are based on hearsay and no evidence.
He then decided to approach the courts, but the outcome of the National Assembly’s vote stopped the process.
However, Friday’s ConCourt judgment gives the report legal consequences and requires parliament to place it before the impeachment committee.
Ramaphosa therefore decided to continue with the review.
“I do so not out of disrespect for parliament or its processes, but to affirm the need for such findings to be correct in law and in fact, especially where parliament’s work would be based on and informed by a report I believe is flawed,” he said.
Rejects resignation calls
The president also addressed calls for his resignation following the judgment.
Speaking ahead of the president’s address, ANC national chairperson Gwede Mantashe quashed rumours that Ramaphosa would resign after the ANC’s top seven officials met.
“He is ready to go through a process. He will not take shortcuts that everybody expects of him to just resign and walk away,” Mantashe told Newzroom Afrika.
Ramaphosa said nothing in the judgment compels him to resign, as the apex court made no finding regarding his alleged conduct.
“I therefore respectfully want to make it clear that I will not resign. To do so would be to pre-empt a process defined by the Constitution,” he said.
‘I remain here’
“To do so would be to give credence to a panel report that, unfortunately, has grave flaws. To do so would be to abdicate the responsibility that I assumed when I became President of the Republic.”
The president assured the nation that he will remain in service and act in their interest, aiming to overcome challenges and difficulties together.
“I remain here and am not resigning. May God continue to bless South Africa and protect her people,” he concluded.
Meanwhile, earlier in the day, National Assembly Speaker Thoko Didiza outlined a six-step process after the ConCourt judgment.
The Section 89 panel’s report and judgment will go to the impeachment committee. Didiza will set the programme, time frames, and support for the committee to work fairly within the Constitution and National Assembly rules.
Parliament sets out impeachment process
Once the impeachment committee concludes its work, it must table its report in the National Assembly for urgent debate.
If the committee recommends removal, Parliament must vote on the matter.
The National Assembly removes a president from office if at least two-thirds of its 400 MPs – 267 votes – support the recommendation.
Additional reporting by Molefe Seeletsa
