President Cyril Ramaphosa has announced his intentions to take the Section 89 Independent Panel report on review, a move that has been described as a ‘delay and evasion tactic’ by some political analysts. The report relates to the handling of a 2020 burglary at his Phala Phala game farm in Limpopo, where over $500,000 in cash was stolen from a couch.
The Constitutional Court recently ruled that Parliament acted unlawfully, irrationally, and unconstitutionally when it voted in December 2022 to reject the panel report. The court found that Parliament’s handling of the process failed the constitutional test due to a material error of law and that it prioritised political clout over its oversight duties.
What the Review Means for Ramaphosa
According to legal expert Advocate Zwelethu Mighty Madasa, Ramaphosa has a right to ask the court to review the panel’s findings as the Concourt was not called upon to rule on the merits of the Independent Panel’s findings. Madasa said this will have the effect of suspending the referral of the report by the speaker to the Impeachment Committee, pending the outcome of the review.
Another legal expert, Professor Andre Thomashausen, praised Ramaphosa’s decision, saying he showed ‘great statesmanship in resisting the temptation to withdraw into the comforts of early retirement’. Thomashausen added that Ramaphosa did not abandon the vast numbers of South Africans who wish him to continue the long process of unmasking systemic corruption and restoring the pride of a nation.
Reaction from Opposition Parties
The DA said Ramaphosa’s decision to take the Section 89 Panel report on review must not be used to delay the work of Parliament. The party’s leader Geordin Hill-Lewis added that Ramaphosa should bring any review application with due haste and on an expedited basis, so that the legal position is clarified quickly and this matter is not delayed unnecessarily.
For more information on the Constitutional Court’s ruling, visit the Constitutional Court’s website. The court’s decision can be found on the Government of South Africa’s website.
- The Section 89 Independent Panel report was released in December 2022
- The report found that Ramaphosa may have violated the Constitution and the Executive Members’ Ethics Act
- The Constitutional Court ruled that Parliament’s handling of the report was unlawful and unconstitutional
