Ramaphosa’s bid to challenge Phala Phala report at ConCourt dismissed

The Constitutional Court (ConCourt) has dismissed President Cyril Ramaphosa’s bid to seek direct access to challenge the findings of the scathing Section 89 Phala Phala report.

Phala Phala report

Ramaphosa wanted direct access to the ConCourt to challenge the report’s findings, but the apex court ruled that “no case has been made out for exclusive jurisdiction or direct access”.

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This means the president will have to approach the high court to challenge the report’s adverse findings against him.

“The Constitutional Court has considered the application brought by way of exclusive jurisdiction or, alternatively, by way of direct access and the application to intervene.

“It has concluded that no cases has been made out for exclusive jurisdiction or direct access and the main application must be dismissed. Consequently, the application to intervene falls to be dismissed. The court has decided not to award costs,” read the judgment from the ConCourt.

Section 89 panel

An independent panel of experts, headed by retired chief justice Sandile Ngcobo, was appointed by National Assembly Speaker Nosiviwe Mapisa-Nqakula last year to determine whether Ramaphosa has a case to answer over the theft of foreign currency at his Phala Phala game farm in Limpopo, in February 2020.

The three-member panel found that Ramaphosa may have a case to answer and breached the country’s anti-corruption laws over claims of money laundering, kidnapping and corruption related to the robbery.

The report, which could have led to parliamentary impeachment proceedings against Ramaphosa, was overwhelmingly rejected in December by ANC MPs, who voted against its adoption.

This also paved the way for Ramaphosa to be elected for a second term as the ANC’s president at the governing party’s 55th national conference in December.

This was despite some ANC MPs – such as Nkosazana Dlamini-Zuma, Supra Mahumapelo, and Mosebenzi Zwane – voting in favour of the report being adopted, defying the party’s directive not to vote for its adoption.

‘Ramaphosa in deep trouble’

Reacting to the ConCourt’s ruling on the Phala Phala report, Democratic Alliance (DA) leader John Steenhuisen said Ramaphosa was “in deep trouble constitutionally and politically”.

Taking to Twitter, Steenhuisen said Parliament should “do the right thing” and proceed with the impeachment inquiry.

“This court challenge was the basis on which the ANC tried to shrug off the report which found that Ramaphosa had a case to answer and that a full impeachment inquiry by Parliament must proceed.

“Parliament must now do the right thing and proceed with an inquiry, either through an ad hoc or other mechanism. The president has now had his cover blown wide open,” he said.

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