ATM slams President Ramaphosa’s decision to withdraw Phala Phala farm report review

Published May 23, 2023

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Johannesburg - The African Transformation Movement (ATM) has slammed President Cyril Ramaphosa’s decision to withdraw the review and nullification of the Section 89 independent panel report at the Constitutional Court.

On Monday, President Cyril Ramaphosa made a U-turn on his decision to take the Section 89 independent panel report under review.

During a press briefing, presidential spokesperson Vincent Magwenya announced the latest move, saying Ramaphosa has decided to withdraw his legal application following a review and nullification of the report into the Phala Phala farm scandal, in which millions of US dollars were stolen from his farm in 2020.

The announcement came after speculation on social media indicated that Ramaphosa was believed to be contemplating resigning from his position as ANC President due to mounting pressure over the scandal.

According to the report compiled by former chief justice Sandile Ngcobo, Ramaphosa may have a case to answer regarding the theft of foreign currency from his Limpopo farm.

This then led to Ramaphosa approaching the Constitutional Court (ConCourt) with a review application, but the court ruled that "no case has been made out for exclusive jurisdiction or direct access" and referred the president to a lower court instead.

Last December, Parliament also voted against the adoption of the report, which would have led to the president facing an impeachment process.

Magwenya said the report holds no legal weight in the law, and thus the president will not be challenging it.

"The president has been advised, which advice he has accepted, that the panel report and all issues associated with it have become moot and are of no practical or legal consequence.

"While that decision remains valid, the Section 89 panel report carries no weight in law," he said.

However, the ATM, which is the party that applied to parliament for the Section 89 inquiry, said Ramaphosa has become deceitful in the manner in which he has handled the matter.

"The African Transformation Movement notes with suspicion the president’s decision to withdraw his review application on the Section 89 independent panel," ATM spokesperson Zama Ntshona said on Monday.

He said the report had found that Ramaphosa may have seriously violated the constitution of the Republic.

"On December 2, President Cyril Ramaphosa announced that he would take the Section 89 panel report on review. This announcement by the president became the cornerstone of the ANC’s argument in parliament when they used their majority to squash the report.

"On December 13 in parliament, Minister of Justice Ronald Lamola said that we ought to allow the president to take the report on review, suggesting that the report cannot be accepted, pending legal scrutiny," Ntshona said.

He said Ramaphosa has continued to mislead the nation over the matter, suggesting that he had no desire to take the report under review in the first place.

"It is now clear to the African Transformation Movement that the president lied and misled the people of this country. It is now clear that the president had no real intention of taking the report under review. What the president was trying to achieve was a get-out-of-jail-free card from parliament, which he received thanks to the ANC’s continued abuse of power," he said.

The party said Ramaphosa should be held accountable for any laws that he violated in the Phala Phala matter, and parliament should not be allowed to stand in between the president and accountability.

The Star