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Ramaphosa contorted the law in his argument challenging Phala Phala report: Analysts

6 December 2022, 9:45 PM  |
Zoleka Qodashe Zoleka Qodashe |  @SABCNews
President Cyril Ramaphosa speaks at an event.

President Cyril Ramaphosa speaks at an event.

Image: GCIS

President Cyril Ramaphosa speaks at an event.

Analysts argue that President Cyril Ramaphosa has contorted the law in his argument challenging the Independent Panel probe in relation to the responsibility to report the theft of alleged foreign currency on his Phala Phala farm two years ago.

In his papers before the Constitutional Court, the President suggests that the people who were obligated to report the crime were the managers and not himself.

The report found that reporting the matter to General Wally Rhoode, a member of the Presidential Protection Unit, is not in compliance with the South African Police Service Amendment Act which directs that reporting should be made to the police official in the Directorate for Priority Crime Investigation.

It says the fact that there is no case number to date is proof that the manner in which the purported reporting was made was irregular and unlawful.

“My sense is that the President is really contorting the law and I don’t read Section 34 of PRECCA as putting the obligation on the management of the closed cooperation but rather on the member of the closed cooperation because that would be the person who actually runs the business,” legal analyst Reitumetsi Phiri explains.

What’s next following President Ramaphosa’s ConCourt bid:

Ramaphosa to continue duties as President

African Nation Congress Congress (ANC) Treasurer-general and acting secretary-general Paul Mashatile says President Cyril Ramaphosa will continue with his duties for now, both as party president and head of state.

Mashatile was speaking on Monday at the end of the governing party’s Special National Executive Committee meeting which was called to discuss Ramaphosa’s fate.

Mashatile says, “Once the report is taken on review and parliament is going to debate. As the ANC, we are going to vote against and what does that mean, it means the president will continue with his duties as the president of the ANC and of the republic. But the NEC agreed that the president must proceed to be held accountable, he will subject himself to the processes of Integrity Commission and the Hawks as well as the Public Protector al those process.”

 

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