President Cyril Ramaphosa has argued that the Section 89 Independent Panel report is seriously flawed. In papers filed at the Constitutional Court on Monday, the president says the panel, led by former Chief Justice, Sandile Ngcobo, misconceived its mandate, misjudged the information placed before it and misinterpreted the four charges made against him.
Sandile Ngcobo, Thokozile Masipa and Mahlepe Sello, including Speaker of Parliament Nosiviwe Mapisa-Nqakula and African Transformation Movement leader Vuyolwethu Zungula formed the panel.
Ramaphosa is asking the court to review and set the report aside.
The panel was established at the request of the African Transformation Movement over the theft of a large sum of US dollars from the President’s Phala Phala farm in 2020.
Ramaphosa argues that the panel ought to have determined whether sufficient evidence exists to warrant an impeachment process. He also goes on to say that the panel overlooked the fact that serious misconduct and a serious violation of the Constitution of the law are confined, by the rules of the National Assembly, to deliberate misconduct by the President acting in bad faith.
The president asserts that the panel did not inquire into his bad faith and thus could not rationally conclude that sufficient evidence of his misconduct exists without an assessment of whether he acted in bad faith.
The president further described former State Security Agency Head, Arthur Fraser’s allegations as speculation without being underpinned by fact.
With Parliament set to decide on President Ramaphosa’s impeachment on Tuesday, the Constitutional Court application on the report throws a spanner in the works, in the ongoing Phala Phala saga.
ANC NEC to avoid against the report in parly
The Special ANC NEC meeting has resolved to vote against the adoption the Section 89 report when it comes before parliament on Tuesday. The one-day meeting was called to discuss the report.
Ramaphosa attended the marathon meeting but was asked to recuse himself while NEC members discussed the matter.
Speaking at the end of the meeting earlier is evening, ANC Treasurer General and Acting Secretary General Paul Mashatile says all party MPs have been instructed to vote against the report.
“The NEC has resolved that the NEC will vote against the adoption of the report of the Section 89 panel given the fact that the report has now been taken on review by the president. Should the parliament proceed tomorrow the ANC will not support that report. That’s our conclusion.”
International investors watching
International investors are keeping a close eye on political developments in South Africa. International relations expert Benji Seitlhamo says even big media houses around the globe are waiting for the next move from the ANC.
Meanwhile, National Assembly Speaker Nosiviwe Mapisa Nqakula has declined a request by ATM leader Vuyolwethu Zungula for a secret ballot on the Section 89 Independent Panel Report.
VIDEO | No secret ballot when National Assembly debates and votes on Section 89 Panel Report:
Zungula wrote to the Speaker last week requesting for MPs to be allowed to vote by secret ballot when the National Assembly considers the report on Tuesday which found that President Cyril Ramaphosa has a case to answer to Parliament over the Phala Phala saga.
