ATM instructs legal team to oppose Ramaphosa’s bid to invalidate Section 89 panel report

ATM leader Vuyo Zungula. Picture: Oupa Mokoena/African News Agency (ANA)

ATM leader Vuyo Zungula. Picture: Oupa Mokoena/African News Agency (ANA)

Published Dec 7, 2022

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Cape Town - The ATM has instructed its legal team to file an opposing affidavit to President Cyril Ramaphosa's bid to have the Constitutional Court declare the Section 89 panel report invalid, party spokesperson Zama Ntshona said on Wednesday.

On Monday, Ramaphosa cited ATM leader Vuyo Zungula, the three members of the independent panel – retired chief justice Sandile Ngcobo, former Gauteng High Court Division judge Thokozile Masipa and advocate Mahlape Sello – and National Assembly Speaker Nosiviwe Mapisa-Nqakula as the respondents.

Ntshona said it was their view that Ramaphosa was clearly revealing his true character of being a dishonest president, interested in saving himself and not the country.

“Mr Ramaphosa continues to demonstrate unwillingness to account, and at every given opportunity stifles the very process that is designed by the architects of this democracy to keep the president and his executive accountable,” he said.

“The ATM will oppose this dishonest self-serving attempt to hide the truth and ask the Constitutional Court not to be part of this Phala Phala saga cover-up by rejecting this application,” Ntshona added.

Ramaphosa gave the respondents 10 days to give notice to oppose his review application.

The application is a sequel to the report which concluded that the information placed before the panel disclosed prima facie evidence, that Ramaphosa may have committed serious violations of the law and the constitution.

In his affidavit, Ramaphosa said the recommendations of the panel were reviewable under the constitutional principle of legality.

“I submit that the panel misconceived its mandate, misjudged the information placed before it and misinterpreted the four charges against me.

“It moreover strayed beyond the four charges and considered matters not properly before it,” he said.

Parliament is set to debate and vote on the panel report at a physical meeting to be held at the Cape Town City Hall next Tuesday.

Opposition parties such as the EFF and ATM have been mounting pressure on Mapisa-Nqakula to oppose the review application.

Mapisa-Nqakula asked at the special meeting of the programme committee on Monday to be given an opportunity to obtain legal advice and decide on the way forward.

“We will not hide it from you. We will definitely inform you about what route we are to take,” she said.

Cape Times