Concourt throws out Ramaphosa’s bid to challenge Phala Phala report

Published Mar 1, 2023

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The apex court has dismissed the president’s bid to challenge Parliament’s report into Phala Phala, which made adverse findings against him.

President Cyril Ramaphosa applied for direct access to the Constitutional Court to challenge the three-member Section 89 report on the Phala Phala saga.

The independent panel report issued in November concluded that there was prima facie evidence that Ramaphosa may have committed a serious violation of the Constitution, law and serious misconduct in connection with his alleged involvement in the stashing of millions in undeclared foreign currency on his Phala Phala farm in Limpopo.

Ramaphosa asked the court to declare the report unlawful and set it aside, particularly its finding that he may have been involved in impeachable conduct.

However, on Wednesday the Concourt, in its short judgment, stated: “No case has been made for exclusive jurisdiction or direct access and the main application was dismissed.

“Consequently, the application to intervene falls to be dismissed.”

Ramaphosa had continuously avoided going into details about the Phala Phala saga and had maintained that he was not directly involved in running the farm.

In January, the EFF filed papers in the Concourt opposing Ramaphosa’s bid to review Parliament’s Section 89 panel report.

The EFF has since welcomed the Constitutional Court’s ruling.

“From the beginning, we as the EFF knew that 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 holding him accountable on the many crimes committed in Phala Phala.

“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, and the inaction of other important state institutions.

“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,” said EFF national spokesperson Sinawo Thambo.

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