President Cyril Ramaphosa has sought permission from the Chief Justice to challenge the Phala Phala report.
Image: GCIS
President Cyril Ramaphosa has reportedly asked the Office of the Chief Justice for permission to launch a judicial review of the Section 89 Independent Panel report on the Phala Phala scandal.
The request is required under Section 47 of the Superior Courts Act because the case involved judges who served on the panel that investigated the president.
If granted, it will allow Ramaphosa’s legal team to formally file court papers challenging the report.
The panel found that there was prima facie evidence that Ramaphosa may have committed serious misconduct linked to the theft of foreign currency from his Phala Phala farm in Limpopo.
The money, from game sales, was stolen in February 2020 after thieves broke into the property and hid cash inside a sofa.
The case became public in 2022 when opposition parties pushed Parliament to investigate under Section 89 of the Constitution.
A panel led by former Chief Justice Sandile Ngcobo concluded that the president could have breached constitutional duties.
Parliament initially voted in December 2022 not to proceed with impeachment.
However, the Constitutional Court later ruled that the decision was unlawful and ordered Parliament to restart the impeachment process properly.
In a ruling delivered on May 8, the court instructed the National Assembly to set up a new committee to consider the panel’s findings and continue the impeachment process.
Ramaphosa is now challenging the panel report itself, arguing that it is flawed and did not fairly assess the evidence.
His legal team wants the findings set aside, which could weaken or halt the impeachment process.
Opposition parties have criticised the move.
The Economic Freedom Fighters (EFF) accused the president of delaying accountability.
ActionSA and the African Transformation Movement (ATM) also said the legal challenge could slow Parliament’s work.
The African National Congress (ANC) defended Ramaphosa’s right to go to court, saying he is entitled to challenge findings and ensure due process is followed.
Ramaphosa has said he respects the Constitutional Court and will cooperate with the impeachment process, but maintains that he must be allowed to contest the report in court.
The outcome of the review application will determine whether Parliament continues with impeachment proceedings or whether the Section 89 report is set aside.
Meanwhile, Parliament speaker, Thoko Didiza, has rejected a motion of confidence against Ramaphosa over Phala Phala.
kamogelo.moichela@iol.co.za
IOL Politics