President Cyril Ramaphosa’s squeaky clean image took a knock Wednesday night after the three-member panel said there were possibly at least four instances in which he may have breached the constitution regarding the 2020 robbery at his Phala Phala farm.
The panel led by retired former chief justice, Sandile Ngcobo, said in its report that Ramaphosa “may have” breached the constitution in several areas including taking on other paid work while still the President and cast aspersions on the source of the foreign currency that was stolen from his farm.
The panel comprising – Ngcobo, retired judge Thokozile Masipa and Advocate Mahlape Sello, said in the report: “In light of all the information” placed before it, “we conclude” that this information discloses, prima facie, that the President “may have” committed:
- Serious violation of sections 96(2)(a).
- Serious violation of section 34(1) of PRECCA (Prevention and Combating of Corrupt Activities Act).
- Serious misconduct in that the President violated section 96(2)(b) by acting in a way that is inconsistent with his office.
- 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. of the Constitution.
“In all the circumstances, we are satisfied that the president has a case to answer…” the panel said in its report.
Amid calls by opposition parties for Ramaphosa to resign “immediately,” the Presidency released a statement clearly indicating that the President was going nowhere soon.
The Presidency said it has “noted the report submitted to the Speaker of the National Assembly by the independent panel established in terms of Section 89 of the Constitution”.
However, the Presidency said President Ramaphosa rejects the suggestions of wrongdoing.
“I have endeavoured, throughout my tenure as President, not only to abide by my oath but to set an example of respect for the constitution, for its institutions, for due process and the law,” President Ramaphosa said.
This was the same stance Ramaphosa took in his submission to the independent panel, which he told his Phala Phala farm was running at a loss.
He also said allegations that he was unlawfully earning a salary for his farm were unfounded.
Ramaphosa rejected accusations that he covered up the robbery and abused his position to investigate the matter without reporting it to the police.
The money stolen from the farm was far less than reported, the president told the three-member panel in his submission.
Ramaphosa added: “I categorically deny that I have violated this oath in any way, and I similarly deny that I am guilty of any of the allegations made against me.”
The Presidency said: “It appreciates that according to the rules of the National Assembly, the NA needs to consider the report and determine the most appropriate way forward.
“The s89 process has presented an unprecedented and extraordinary moment for South Africa’s constitutional democracy.
“The conclusions of the panel require careful reading and appropriate consideration in the interest of the stability of government and that of the country.”
Vincent Magwenya, Spokesperson to the President said: “The President is giving consideration to the report and an announcement will be made in due course.”
The African Transformation Movement led by Vuyolwethu Zungula, which brought the matter to Parliament, ActionSA, and the United Democratic Movement have all called for Ramaphosa to immediately resign.
Commenting on the matter, Siviwe Gwarube MP and Chief Whip of the Democratic Alliance (DA) said: “The panel makes some serious findings against the president, chief among them being that he may have violated the constitution.
“These are grounds for impeachment proceedings in Parliament.
“This is a defining moment for our constitutional democracy and must not be taken lightly.”
Gwarube said “our focus must now be on the Parliamentary process”.
The DA said while a vote on whether to institute impeachment proceedings against the president requires a 50% majority, “we do hope that the ANC in Parliament will put party interests aside and abide by the constitutional obligation we all have”.
The DA said it will study the report before it makes an announcement on steps to be taken going forward.
