Ramaphosa vows to challenge 'flawed' Phala Phala report
President Cyril Ramaphosa on Monday night said he has consistently maintained that he has not committed a crime and has not misused public money. He said that there has not been sufficient evidence to prove that he has violated the Constitution.
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President Cyril Ramaphosa said that he will be challenging the Section 89 independent panel report, describing it as flawed and saying he disagreed with its findings that there is prima facie evidence that he had violated his oath of office.
Ramaphosa addressed the country on Monday night after intense public and political scrutiny since the Constitutional Court issued a scathing judgment on Friday.
The court ruled that Parliament's handling of the Phala Phala report was unconstitutional and invalid, ordering that the matter must return to Parliament's impeachment committee.
The Constitutional Court on Friday delivered three key findings in the matter of Economic Freedom Fighters and Another v Speaker of the National Assembly and Others (CCT 35/24): Rule 129I of the National Assembly is inconsistent with the Constitution and is invalid.
The National Assembly's vote (with a majority of ANC MPs) rejected the Section 89 independent panel report as irrational and unconstitutional, and also invalid.
On Monday, National Assembly Speaker Thoko Didiza confirmed that Parliament will establish an impeachment committee into the Independent Panel Report, chaired by former Chief Justice Sandile Ngcobo.
Ramaphosa said since Friday's judgment was handed down, he has reflected on what it means for the country, for the rule of law and for the presidential office. He said that at such times of such uncertainty and contestation, the Constitution “remains our guide”.
He said that he has cooperated with all investigations and enquiries into the matter and will continue to do so.
“When the independent panel submitted its report in December 2022, I said that I disagreed with its findings and the process of reasoning that led to those findings.”
He explained that in his submission to the panel that authored the Section 89 report, he maintained that the complaints against him 'are based on hearsay allegations'.
Ramaphosa said: “As a consequence, I decided then to approach our courts to take the report of the independent panel on review.”
He said he has consistently maintained that he has not committed a crime and has not misused public money, nor has he violated his oath of office. He said that there has not been sufficient evidence to prove that he has violated the Constitution.
“On the basis of advice from my legal team and as envisaged by the Constitutional Court when it said ‘unless and until the report is set aside on review’, I have therefore decided to proceed to take the independent panel’s report on review on an expeditious basis.
“I do so not out of disrespect for Parliament or its processes, but to affirm the need for such findings to be correct in law and in fact, especially where Parliament’s work would be based on and informed by a report I believe is flawed,” Ramaphosa said.
He added that while there have been calls for him to resign, “nothing in the Constitutional Court judgment compels me to resign my office”.
“I therefore respectfully want to make it clear that I will not resign.”
He added that he intends to fulfil and complete the mandate given to him.