By Lehlohonolo Lehana.
President Cyril Ramaphosa will no longer legally challenge the section 89 panel’s report, which found he may have a case to answer regarding the theft of millions of rands in US dollars from his Phala Phala farm in Limpopo in 2020.
Presidential spokesperson Vincent Magwenya says the president doesn’t believe the report carries any weight in law.
Magwenya briefed the media on the president’s diary and other issues at the Union Buildings on Monday.
Ramaphosa’s decision comes after the Constitutional Court dismissed his application for direct access to the apex court.
In the first part of the president’s review application, he sought leave to bring the case directly to the Constitutional Court because it was, according to the advice he received, a matter that fell within its exclusive jurisdiction and in the interest of justice.
In the second part, he asked that the report of the panel be reviewed, declared unlawful and set aside.
The independent panel, set up by Parliament, found prima facie evidence that Ramaphosa had violated his oath of office during and following the robbery at his farm.
But Magwenya says the report carries no weight due to the fact that is was not adopted by the National Assembly.
“The President respects the ruling of the Constitutional Court, the President has been advised – which advice he has accepted – that the panel report and all issues associated with it have become moot and they are of no practical and legal consequence because, on 13 December 2022, the National Assembly decided to reject the motion to refer the panel report to an impeachment committee.”
“While that decision remains valid, the Section 89 Panel Report carries no weight in law. The president has thus been advised not to institute proceedings before the High Court for the review and setting aside of the panel report, at this stage.”
However, Magwenya warned that should circumstances change, Ramaphosa will not shy away from challenging the report.
“The president reserves his right to bring such proceedings in due course should circumstances change,” he said.
“The president maintains his position set out in his founding affidavit before the Constitutional Court that the panel report is reviewable in law on several grounds including the misconception of its mandate, the grave errors of law, and the unfounded conclusions of fact.”
Magwenya also touched on developments in the awarding of powers to Electricity Minister Kgosientsho Ramokhopa.
The matter surrounding the powers of the minister has dominated the political environment for months, ever since his appointment in February and the increase in load shedding.
Magwenya said Ramaphosa had now finalised Ramokgopa’s powers with a signed proclamation.
The Government Gazette confirming the minister’s responsibilities would be sent out soon, Magwenya said.