Johannesburg - The independent panel report that found President Cyril Ramaphosa may have violated the Constitution and has a case to answer still stands.
The application to the Constitutional Court to review the report has been dismissed, as was revealed today.
Ramaphosa desired direct access to the ConCourt to challenge the Section 89 report on the Phala Phala saga.
In an order between Ramaphosa and the independent panel led by retired Justice Sandile Ngcobo, Judge Thokozile Masipa, Nhlanhla Sello, Speaker of the National Assembly Nosiviwe Mapisa-Nqakula and ATM leader Vuyolwethu Zungula, the Concourt believes everything necessary in dealing with the application has been done.
According to the court, it considered the application by way of exclusive jurisdiction or, alternatively, by way of direct access (the main application) and the application to intervene.
“It has been concluded that no case has been made out for exclusive jurisdiction or direct access, and the main application must be dismissed,” said the ConCourt.
The apex court added: “Consequently, the application to intervene falls to be dismissed. The court has decided not to award costs.”
The independent panel report issued in November concluded that there was prima facie evidence that Ramaphosa may have committed a serious violation of the Constitution, law and serious misconduct in connection with his alleged involvement in the stashing of millions in undeclared foreign currency on his Phala Phala farm in Limpopo.
However, Ramaphosa had avoided talking about the Phala Phala saga until he agreed to be part of a parliamentary process.
The report was based on the panel’s assessment of the information it received on the Phala Phala scandal from the ATM.
Ramaphosa has since argued that he is not directly involved in running the farm.
In January, the EFF filed papers in the Concourt opposing Ramaphosa’s bid to review Parliament’s Section 89 panel report.
The EFF welcomes the Constitutional Court’s ruling against Ramaphosa on his direct application to the Court to reverse the findings and recommendations of an independent parliamentary inquiry into allegations of wrongdoing at Phala Phala Farm.
"From the beginning, we as the EFF knew that Mr. Ramaphosa’s approach to the Constitutional Court was irrational and senseless, because he was asking the highest court in the land to prevent Parliament from holding him accountable for the many crimes committed in Phala Phala," said EFF national spokesperson Sinawo Thambo.
Zungula told The Star that they would comment on the matter soon.
Ramaphosa’s spokesperson, Vincent Magwenya, was also contacted for a comment and has yet to respond.
The Star