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News24 | Ramaphosa files court papers to challenge Phala Phala report

1 week ago 9

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President Cyril Ramaphosa filed court papers to challenge an independent panel’s report on the Phala Phala scandal.

President Cyril Ramaphosa filed court papers to challenge an independent panel’s report on the Phala Phala scandal.

Graphic: Sharlene Rood. Images: Storm Simpson/News24; South African Police Service

President Cyril Ramaphosa has filed papers in his bid to have a court set aside the independent panel’s report that found he has a prima facie case to answer for over the Phala Phala scandal.

He said he “trusts” Parliament would stop the impeachment process, failing which he would bring an urgent interdict application.

On 8 May, the Constitutional Court effectively reinstated the Phala Phala impeachment proceedings.

The Constitutional Court found in favour of the EFF and ordered that Parliament’s rules must be effective in holding the president accountable, effectively restarting the impeachment process, which the ANC scuppered with the majority it held in 2022.

The Constitutional Court set aside the National Assembly’s rule that allowed the National Assembly to vote on whether to proceed with an impeachment inquiry or not, following the independent panel’s report.

On Monday, Ramaphosa filed papers asking the Western Cape High Court to review, declare unlawful and set aside the independent panel’s report, as well as any steps taken by the National Assembly pursuant to the report.

“I submit that the panel misconceived its mandate, misjudged the information placed before it and misinterpreted the four charges brought against me,” Ramaphosa said in his affidavit.

He further claimed that the independent panel “strayed beyond” the charges against him and considered matters not properly before it.

“It would be intolerable and a travesty if the National Assembly were to proceed with an impeachment process triggered by the panel’s report at a time when a challenge to the lawfulness and validity of the report is pending. I trust that the National Assembly will not do so,” Ramaphosa said.

He stated that if the National Assembly proceeded, he would launch an urgent interdict application.

The three panellists, former chief justice Sandile Ngcobo, Judge Thokozile Masipa, and advocate Mahlape Sello, SC, as well as Parliament, and ATM parliamentary leader Vuyo Zungula are cited as respondents.

More to follow.

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