Section 89 Ramaphosa

Section 89 finds President Cyril Ramaphosa has a case to answer. Image: Cyril Ramaphosa/ Twitter.

Ramaphosa files papers with ConCourt to have the S89 report set aside

Ramaphosa petitioned the Constitutional Court to set aside the report’s ‘irrational’ recommendations on Monday. It is unclear whether the matter will be debated in Parliament on Tuesday.

Section 89 Ramaphosa

Section 89 finds President Cyril Ramaphosa has a case to answer. Image: Cyril Ramaphosa/ Twitter.

Parliament was expected to debate whether to adopt or reject the Section 89 Independent Panel report, which concluded that there was prima facie evidence that President Cyril Ramaphosa violated his oath of office and broke the law, on Tuesday, 6 December.

On Monday, it emerged that the President is moving to have the report set aside and declared unlawful.

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RAMAPHOSA WANTS THE REPORT SET ASIDE

If the National Assembly adopts the report, Ramaphosa will face an impeachment inquiry. On Monday, he petitioned the Constitutional Court to set aside the report.

The Section 89 panel was appointed by parliament to look into the Phala Phala scandal. It is alleged that Ramaphosa committed a serious violation of the Constitution and the law and serious misconduct after US dollars were stolen from his game farm in 2020.

The panellists – Sandile Ngcobo, Thokozile Masipa and Mahlape Sello – are the first three respondents, the Speaker of the National Assembly is the fourth respondent, and Vuyolwethu Zungula – the ATM President – is the fifth.

READ: Union calls for judges behind Section 89 report to be investigated

“This application does not come easily. I have considered the report and respectfully submit that the process followed by the Panel and its conclusions are seriously flawed, thus making the recommendations irrational,” said Ramaphosa.

Ramaphosa wants any steps taken by the National Assembly due to the report to be declared unlawful and invalid if the Constitutional Court sets aside the report.

According to TimesLive, Parliament’s legal advisers told a special sitting of the Chief Whips’ forum that Tuesday’s debate could not go ahead if the President approached the court as the matter would be sub judice and may not be debated or adopted by the National Assembly.

After the ANC National Executive Committee (NEC) meeting wrapped up early on Monday evening, the party’s Treasurer-General, Paul Mashatile, confirmed that ANC would not support the report’s adoption and Ramaphosa would continue as President.

Last week, Ramaphosa was on the verge of resigning. However, after much consultation, he was convinced to stay and is now challenging the report.

The Panel’s four main conclusions were that there was prima facie evidence that Ramaphosa may have committed:

  • A serious violation of sections 96(2)(a).
  • 264.2. A serious violation of section 34(1) of PRECCA.
  • 264.3. A serious misconduct in that the President violated section 96(2)(b) by acting in a way that is inconsistent with his office.
  • 264.4. A serious misconduct in that the President violated section 96(2)(b) by exposing himself to a situation involving a conflict between his official responsibilities and his private business.

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