Zuko Komisa
- President Cyril Ramaphosa has approached the Western Cape High Court to review and set aside the Section 89 panel’s Phala Phala report.
- The application follows a Constitutional Court ruling that Parliament acted unconstitutionally by using its ANC majority to block the report’s recommendation for an impeachment inquiry.
- While a new 31 member parliamentary inquiry is underway, Ramaphosa maintains the original independent report is legally flawed and exceeded its mandate.
President Cyril Ramaphosa has officially filed papers in the Western Cape High Court seeking to review and set aside the Section 89 panel’s report on the Phala Phala farm scandal.
The legal challenge materialised after Ramaphosa indicated his intent to contest the findings of the independent panel, which was led by former Chief Justice Sandile Ngcobo.
The panel concluded there was prima facie evidence that the President may have acted unlawfully regarding the theft of foreign currency from his property.
The decision to approach the High Court follows a recent Constitutional Court ruling, which determined that Parliament acted unconstitutionally when it voted down the panel’s recommendations.
In 2022, the panel recommended that the National Assembly establish an impeachment inquiry to investigate the findings further. However, the African National Congress (ANC) successfully used its parliamentary majority to block the process.
Following that vote, Ramaphosa withdrew his initial legal challenge as the matter had become moot.
The Western Cape High Court’s upcoming review could significantly impact the ongoing parliamentary process.
Although Parliament is currently proceeding with its revived inquiry having already confirmed 31 members to the committee Ramaphosa continues to maintain that the underlying report is legally flawed.
The President argues that the independent panel strayed beyond its specific mandate, justifying his demand to have the report nullified.
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