Johannesburg - President Cyril Ramaphosa says the Constitutional Court judgment is not a blow for him.
Yesterday the Concourt ruled against Ramaphosa in his direct application to reverse the findings and recommendations of an independent parliamentary inquiry into allegations of wrongdoing at his Phala Phala Farm, dismissing it without costs.
Ramaphosa’s spokesperson, Vincent Magwenya, said that the judgment does not pronounce on the merits of the case.
"The judgment just says there is no case for the Concourt to be petitioned directly, and we should put that into context and understand it. I have heard some journalists say it is a blow for the president, but it is not a blow for the president. What will happen now is that the legal team will convene and map the way forward and consider options going forward, but it's not necessarily a blow," Magwenya said.
Ramaphosa desired direct access to the Concourt to challenge the Section 89 report on the Phala Phala saga.
In an order between Ramaphosa and the independent panel led by retired Justice Sandile Ngcobo, Judge Thokozile Masipa, Nhlanhla Sello, Speaker of the National Assembly Nosiviwe Mapisa-Nqakula, and ATM leader Vuyolwethu Zungula, the ConCourt believes everything necessary in dealing with the application has been done.
According to the court, it considered the application by way of exclusive jurisdiction or, alternatively, by way of direct access (the main application) and the application to intervene.
"It has been concluded that no case has been made out for exclusive jurisdiction or direct access, and the main application must be dismissed," said the Concourt.
The apex court added: "Consequently, the application to intervene falls to be dismissed. The court has decided not to award costs."
The independent panel report issued in November concluded that there was prima facie evidence that Ramaphosa may have committed a serious violation of the Constitution and law and serious misconduct in connection with his alleged involvement in the stashing of millions in undeclared foreign currency on his Phala Phala farm in Limpopo.
However, Ramaphosa had avoided talking about the Phala Phala saga until he agreed to be part of a parliamentary process.
The report was based on the panel’s assessment of the information it received on the Phala Phala scandal from the ATM.
ATM said they welcome the judgment and that the ruling vindicates them.
"This ruling has far-reaching implications. It means tacitly that the cult-like voting by the ANC members of parliament against the Section 89 panel report was irrational and based on legally unsound grounds. Basically, the Concourt is saying Ramaphosa's application to review the report does not even warrant their attention," said Zungula.
He added that: "This ruling further strengthens the case made by the ATM, which challenged the rationality of the voting that took place in parliament. Very importantly, this ruling means the findings of the panel that Ramaphosa may have violated his oath of office, seriously violated the Constitution, and has a case to answer for violation of foreign exchange laws and regulations, among others, remain legally unchallenged".
Zungula said everything that Ramaphosa touches before clearing his name as a constitutional "delinquent" becomes immediately tainted.
The EFF welcomed the ruling, saying that from the beginning, they knew that Ramaphosa’s approach to the Concourt was irrational and senseless because he was asking the highest court in the land to prevent parliament from holding him accountable for the many crimes committed in the Phala Phala saga.
EFF national spokesperson Sinawo Thambo said parliament has an obligation to find out and reveal to the people of South Africa the origins of the millions of dollars found in Ramaphosa’s farm and also expose the nefarious roles played by members of the SAPS and the inaction of other important state institutions.
"These institutions include the South African Revenue Services (Sars), the South African Reserve Bank (SARB), the Financial Intelligence Centre (FIC), and all other institutions and entities that are obliged to act against all forms and manifestations of financial crimes," he said.
Thambo said the EFF demanded that Speaker Mapisa-Nqakula must, as a matter of urgency, put in place mechanisms, create committees, and set aside resources for parliament to investigate all the crimes committed in Phala Phala.
DA leader John Steenhuisen said: "Ramaphosa is now in deep trouble, constitutionally and politically. This dismissal of his attempt to set aside the report has been unanimously dismissed by the Concourt".
The Star