ANC’s step-aside rule would be triggered only if NPA charges Ramaphosa

Constitutional expert and executive director of Accountability Now Paul Hoffman says President Cyril Ramaphosa cannot step aside until he is indicted by the National Prosecuting Authority (NPA) – and his detractors have no case against him until that happens.

However, Hoffman is adamant Ramaphosa is not off the hook but a Watergate-like scandal could be repeated with Phala Phala.

He was referring to the forced resignation of former US president Richard Nixon after his administration tried to cover up its involvement in a break-in at Watergate Building hosting the Democratic national committee headquarters in Washington DC in June 17, 1972.

WATCH: EFF releases videos allegedly showing $4 million robbery at Ramaphosa’s farm

But Hoffman said until all the investigations around what happened at Ramaphosa’s Phala Phala farm in Limpopo pertaining to a burglary, where $4 million was allegedly stolen, were concluded and the truth revealed, he could not be expected to resign.

“What we have is a lot of vagueness and a lot of uncertainty around what happened. Only when the NPA decides to charge or not to charge, would the ANC step-aside rule be triggered. Otherwise, anyone can make all sorts of allegations, which cannot be tolerated in a democracy like ours.”

Hoffman said whether Ramaphosa had the permit to sell game ought to be part of the investigation because nobody knew whether it was true or not and whether someone was bribed to buy their silence, or some people were kidnapped and other allegations all remain a mystery.

“The fact is Ramaphosa, as head of state, should account.”

According to an ANC source, this was exactly part of the plan in the plot to oust Ramaphosa.

The source said the radical economic transformation (RET) faction was plotting to oust Ramaphosa and replace him with his deputy, David Mabuza.

“The complaint by [Arthur] Fraser is not innocent. This has been planned and all those who complain and put pressure are part of the plot,” said the source.

READ MORE: Ramaphosa refuses to provide key details of $4 million robbery

“They want Ramaphosa out before the ANC national conference [in December] and they see that as the only way for the RETs to come back into power.”

Hoffman said there was still danger that Ramaphosa could fall should concrete evidence be found that wrongdoing happened on the farm and that he tried to conceal it, even if he wasn’t directly involved.

His views come as attempts by Ramaphosa’s detractors to hang him to dry are galloping at high speed, with the African Transformation Movement (ATM) the latest to join the fray.

Public Protector Busisiwe Mkhwebane has confirmed she has begun an investigation into Ramaphosa after receiving a complaint of alleged breach of Executive Ethics Code from ATM president Vuyo Zungula on Friday.

“The complaint, which relates to President Ramaphosa’s alleged conduct in respect of allegations of criminal activities at one of his properties, was received,” she said.

She said while she received a lot of “unfair criticism when pertaining to her investigations in terms of the Executive Members’ Ethics Act (Emea), when she was accused of targeting members of the executive and getting involved in party politics, her office was empowered to enforce the Executive Code of Ethics.

READ MORE: ANC ‘won’t act’ on Ramaphosa, says analyst

“Under the Emea, only Cabinet ministers, MPs and/or provincial legislatures can lodge complaints of alleged breaches of the Executive Code of Ethics.

“On receipt of such a complaint, the public protector must investigate and must submit a report on the alleged breach of the [code] within 30 days to the president if the complaint was against a member of Cabinet, a premier or deputy minister,” said Mkhwebane.

“Due to the silence of the Emea when it comes to the appropriate recipient of the report in case the complaint is against the president, the public protector has had to improvise and send it to the Speaker of the National Assembly.”