By Lehlohonolo Lehana.
President Cyril Ramaphosa may have committed a serious violation of the law and serious misconduct in terms of the constitution.
This is according to the section 89 panel of legal experts, headed by retired chief justice Sandile Ngcobo.
“In light of all the information placed before the Panel, we conclude that this information discloses, prima facie, that the President may have committed:
- 264.1. A serious violation of sections 96(2)(a).
- 264.2. A serious violation of section 34(1) of PRECCA.
- 264.3. A serious misconduct in that the President violated section 96(2)(b) by acting in a way that is inconsistent with his office.
- 264.4. A 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.”
The panel delivered its report to the speaker earlier on Wednesday, and its work is a preliminary step in Parliamentary processes around a motion that seeks to remove the president.
Section 89 of the Constitution allows for the removal of a siting president on the grounds of a serious violation of the Constitution of the law; serious misconduct or an inability to perform the functions of the office.
In a statement, Ramaphosa’s office said the Section 89 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,” the statement read.
Ramaphosa reiterated the statement he made in his submission to the independent panel: “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. 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.”
Furthermore, Ramaphosa’s office is giving consideration to the report and an announcement will be made in due course.
Reaction
The African National Congress (ANC) top leadership agreed earlier to meet tonight to discuss the topic, sources said. Four of the party’s top leaders are due deliberate on the matter before an urgent NEC meeting is held. The ANC’s top leaders will have to decide how Ramaphosa responds to the report. ANC leaders appear completely shocked and confused by the report.
In a statement, ActionSA leader Herman Mashaba says they have always maintained that Ramaphosa’s conduct in this regard was criminal and he should vacate his office and spare the country any further humiliation.
The rand fell against the dollar and the pound in the wake of the report. By 21:00 It fell 0.6% to hit R17.07 to the dollar, and dropped 1.1% to reach R20.49 to the pound.