The independent panel entrusted with determining if President Cyril Ramaphosa broke the law around the theft of a large sum of foreign currency from his Phala Phala farm, two years ago, has started with its work.
The panel is headed by retired Chief Justice Sandile Ngcobo. He is assisted by a retired judge Thokozile Masipa and advocate Mahlape Sello. The panel was established after a draft motion by the African Transformation Movement.
Section 89 of the Constitution states that a President may be removed from office on the grounds of a serious violation of the Constitution or the law, serious misconduct, or inability to perform the functions of the office.
The three-member panel is looking at four charges levelled against Ramaphosa to see if there are sufficient grounds that he has violated Section 89 of the Constitution.
The first charge is the allegation that the President violated the Constitution which does not allow members of the cabinet and deputy ministers to undertake any other paid work. However, despite saying in 2014 that his business affairs would be managed by a blind trust, Ramaphosa has recently admitted that he is actively pursuing his cattle farming business.
In terms of the second charge, the President is accused of violating the law which places a duty on any person to report corrupt transactions. The ATM claims that the President failed to report the theft to the police and that reporting the matter to the head of his security detail was irregular and unlawful.
The third and fourth charges relate to serious misconduct. The party alleges that Ramaphosa’s instructions to the head of the Presidential Protection Service, Major General Wally Rhoode, to investigate the matter were unlawful.
Political analyst, Ralph Mathekga says these are very serious charges against the President.
“To face such charges in your first term…it is very, very serious and I do think that these are the type of charges, even if you beat them legally they still remain a problem politically throughout your term. It’s not just the legalities of whether the President will be found guilty. The reality is the President has had to answer to such serious charges. This impacts on your integrity and ability to stay focussed.”
Earlier this week, the President’s spokesperson, Vincent Mgwenya, said Ramaphosa had not yet been contacted by the panel.
“The President is awaiting comms from the panel. Once he receives it, he will fully cooperate, as he has indicated. He has not initiated comms. The process is the President will be contacted through official channels by the lead in that panel.”
Panel probing allegations against Ramaphosa starts today:
