President Cyril Ramaphosa.
Image: GCIS
Some members of the ANC's National Executive Committee (NEC) have expressed their satisfaction with President Cyril Ramaphosa’s decision to remain in office and challenge the Section 89 Independent Panel report via judicial review.
As the ANC prepared for its special NEC meeting, members also voiced concerns that this will affect the ANC ahead of the local government elections later this year.
This follows the Constitutional Court’s (ConCourt) scathing ruling which set aside the 2022 parliamentary vote (214 to 148) rejecting the Section 89 Independent Panel report on the Phala Phala farm matter. The court declared that the vote was irrational and inconsistent with the Constitution.
The court on Friday found that Parliament acted unconstitutionally when the ANC used its majority vote to block the Impeachment Committee.
The court ordered that the Section 89 Independent Panel report be referred directly to an Impeachment Committee.
Following the ruling, opposition parties including the EFF, ATM, ActionSA, and MK Party called for Ramaphosa’s immediate resignation.
Civil society groups and unions such as the South African Federation of Trade Unions (SAFTU) and the Independent South African Civic Organisation (ISANCO) also renewed their calls for him to step down.
However, Ramaphosa on Monday announced that he will not resign from office, adding that instead, he will seek an expedited judicial review of the Independent Panel’s report, saying that the 2022 report contains “grave flaws” and relies on hearsay evidence.
His decision also came after National Assembly Speaker Thoko Didiza announced six procedural steps to formally enforce the court order and establish the Impeachment Committee.
A source in the NEC said some members were surprised that Ramaphosa made such a decision, while support for the party has declined.
The source said that even though the ANC argues that the court did not rule on the merits of the farm scandal or find Ramaphosa guilty, this will have further implications for the ruling party.
“The implications on the ANC are based on the court ruling,” said the source.
Another NEC member said the meeting would be a delicate balancing act as the NEC needs to tackle the issue in a manner that does not open the door for other members accused of wrongdoing to demand that their sins be “forgiven.”
“That is what I am worried about; what he (the President) has done is not that bad. There is Senzo Mchunu, who is also sitting at home, and there are not real allegations of corruption against him, so that is the delicate balancing act that the NEC will have to navigate to ensure that others who are accused of serious corruption do not suddenly state that “the president's slate has been wiped clean; theirs must be too.”
The ANC lost its parliamentary majority in the 2024 general election by dropping 17.32%, finishing with 40.18% of the national vote. This necessitated the formation of a Government of National Unity (GNU) to maintain power.
Asked if the party believes this will cause voter apathy or drive voters toward opposition parties, ANC national media liaison Mothusi Shupinyane Ka Ndaba said the party would not respond to that, adding that the statement issued on Friday answered questions.
In the statement, the party said the matter before the Concourt was concerned about the conduct and processes of Parliament, not Ramaphosa or the ANC.
Political analyst Ntsikelelo Breakfast said the decision will have a national consequence, as the ANC has been dealt a blow and is headed on a downward electoral trajectory.
Breakfast added that Ramaphosa did not act in good faith, adding that he would have taken the report under review when it was still fresh.
“The mere fact that he put it on hold means he wanted to let it slide because he thought it was over,” he said, adding that the ANC will pay a heavy price for this.
He added that Ramaphosa missed the golden opportunity to take the country into his confidence.
Another analyst, Zakhele Ndlovu, said this decision sends the message that the ANC does not care what voters think.
“In the eyes of voters, it confirms that the ANC is synonymous with corruption and that the party leaders are arrogant,” he said.
The ANC postponed its urgent special NEC meeting to Wednesday due to severe storms and heavy weather disruptions across Cape Town.
The meeting, called by Secretary-General Fikile Mbalula, would focus on the Concourt ruling and the resulting threat of impeachment for Ramaphosa.
The source said only a few members will raise objections to Ramaphosa’s decision, while the rest will support him.
Cape Times