The Constitutional Court has ruled that the ANC’s vote to bury the Section 89 Independent Panel Report into Cyril Ramaphosa’s Phala Phala scandal was unconstitutional and invalid. The majority decision, with three separate judgments delivered, rejected Parliament’s actions and ordered the immediate establishment of an impeachment committee to begin the process anew.
Background of the Scandal
The Phala Phala scandal involves allegations of serious misconduct by President Ramaphosa, including the violation of his oath, illegal foreign-currency dealings, and the abuse of state resources. The Independent Panel of Jurists, appointed under Section 89 of the Constitution, found prima facie evidence of these allegations and recommended that the matter be referred to an impeachment committee.
However, the ANC caucus in the National Assembly voted 214 to 148 against referring the matter to an impeachment committee, effectively burying the report. This decision was widely criticized, with many viewing it as a betrayal of the Constitution and the principles of accountability.
Reaction to the Ruling
Carl Niehaus, a former ANC member, has spoken out about the ruling, stating that he was assaulted while protesting against Ramaphosa’s corruption. Niehaus described the experience as a harrowing account of betrayal and pain, but also as a vindication of the fight for justice in South Africa.
According to Niehaus, the assault was an attempt to silence him and protect Ramaphosa. He stated that the experience was a testament to the deep-seated corruption and impunity that exists within the ANC. Niehaus also praised Nkosazana Dlamini-Zuma, the only ANC MP who voted with her conscience against burying the report.
The ruling has significant implications for South Africa, as it highlights the importance of accountability and the rule of law. As noted on the South African Parliament website, the Constitution demands that those in power be held accountable for their actions.
The following are some key points to consider:
- The Constitutional Court has ruled that the ANC’s vote to bury the Section 89 Independent Panel Report was unconstitutional and invalid.
- The court has ordered the immediate establishment of an impeachment committee to begin the process anew.
- The Phala Phala scandal involves allegations of serious misconduct by President Ramaphosa.
- The ANC caucus in the National Assembly voted 214 to 148 against referring the matter to an impeachment committee.
The ruling is a significant development in the fight against corruption in South Africa, and it highlights the importance of accountability and the rule of law. As the country moves forward, it is essential that those in power are held accountable for their actions, and that the Constitution is upheld.
