The Democratic Alliance (DA) has warned that if an independent panel looking into the Phala Phala case finds President Cyril Ramaphosa has no case, they will push for a special committee to look into the matter further.
The Section 89 inquiry team is expected to present its report to the Speaker of the National Assembly, Nosiviwe Mapisa-Nkakula, on Wednesday.
The panel was created after the African Movement for Transformation (ATM) tabled a vote of no confidence in Ramaphosa.
This follows a criminal case against Ramaphosa by former director-general of state security Arthur Fraser, who alleged the president tried to cover up the theft of US dollars at his Phala Phala farm in Limpopo.
Siviwe Gwarube, DA Chief Whip, says they are not going to give up on the case.
“Obviously, this is not something that the president did alone, there is a cabinet that has not been investigated. We didn’t understand why he didn’t want an investigation that would clear people. So what we are saying is that the Section 89 panel must determine whether there is clear evidence that he violated the law to warrant impeachment against him. The panel may not have enough evidence, and that doesn’t mean the president has anything to answer for. We’re not going to let the case go because, by his own admission, the president said he reported it but didn’t go to officials, as any law-abiding president should.”
VIDEO: Experts to present report on Phala Phala saga to Parliament on Wednesday
A three-man panel led by retired Chief Justice Sandile Ngcoba was assessing whether Ramaphosa had grounds to face constitutional charges over the alleged theft of foreign currency at his Phala Phala farm nearly three years ago.
The group was given a 13-day extension to complete its work by November 30.
The commission’s main task was to assess the ATM’s draft motion to remove Ramaphosa from office under section 89 of the Constitution for allegedly violating his oath of office. The party alleged that Ramaphosa covered up the theft of US dollars stored on his farm.
Rule 129 of the Standing Orders of the National Assembly establishes the Section 89 Panel. The Rule describes all the processes to be followed when the President is faced with a motion brought by a member of the National Assembly under Section 89 of the Constitution. It was developed following the EFF’s successful Constitutional Court challenge against former National Assembly Speaker Baleka Mbete in December 2017.
The new rule was approved by the Assembly in November 2018. During a debate, Economic Freedom Fighters (EFF) MP Mbuiseni Ndlozi predicted that President Ramaphosa should be the first president to test the rule. However, Ndlozi was suspended and kicked out of the chamber by the Speaker of the House of Representatives, Mmatlala Barata.
AUDIO: EFF’s Ndlozi kicked out during debate:
