Opposition parties to take acting public protector’s Phala Phala report on review

President Cyril Ramaphosa at the ANC Western Cape Provincial Conference at the CTICC in Cape Town. Picture: Ayanda Ndamane/African News Agency (ANA)

President Cyril Ramaphosa at the ANC Western Cape Provincial Conference at the CTICC in Cape Town. Picture: Ayanda Ndamane/African News Agency (ANA)

Published Jun 30, 2023

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The report of the acting Public Protector on Phala Phala is facing a legal challenge after opposition parties said they would take it under review.

They said acting Public Protector advocate Kholeka Gcalaka erred in her findings when clearing President Cyril Ramaphosa of any wrongdoing.

The EFF, ATM, and DA said the report was wrong, in fact and in law, and they would consider taking it to court for review.

ATM leader Vuyo Zungula and DA leader John Steenhuisen lodged a complaint with the Public Protector over Phala Phala. They both said Gcaleka ignored many facts in the investigation.

The ATM said there was no doubt that Ramaphosa breached the Constitution and the Executive Ethics Code.

“This report by the acting public protector contributes to the erosion of our democracy and a growing lack of trust on Chapter 9 institutions who are tasked with holding this constitutional democracy together. Hence, the ATM has taken a decision of approaching the High Court with the aim of reviewing this report by the acting public protector and have it set aside,” said the ATM.

Steenhuisen said they would be taking the report on review because Gcalaka had come to the wrong conclusions. Ramaphosa had many questions on Phala Phala that needed answers.

He described the report as a whitewash. Gcaleka buried facts in legal jargon, he said.

“The Democratic Alliance will be consulting with our lawyers to take this report on review, as we believe it contains a number of misinterpretations of the relevant pieces of legislation, and presents a worrying lack of evidence that the Office of the Public Protector itself has seemingly failed to source,” said Steenhuisen.

The EFF said the acting Public Protector's findings left more questions than answers.

It said it would not take the matter lying down and would consider taking it to court for a review.

The party accused Gcaleka of not getting to the bottom of the facts around Phala Phala.

It said many breaches had occurred, and the acting Public Protector chose to ignore the facts.

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