The promise made by EFF to put pressure on the Constitutional Court to release the findings of the investigation into the foreign currency found at President Ramaphosa’s Phala Phala ranch saw the EFF ground forces picketing outside the Constitutional court for the release.
Image: Timothy Bernard / Independent Newspapers
In a landmark judgment for presidential accountability and following a delay of more than 17 months, Chief Justice Mandisa Maya ruled that Parliament’s vote, which rejected the impeachment inquiry against President Cyril Ramaphosa, was unconstitutional and invalid.
The Constitutional Court ordered that the vote taken by the National Assembly (NA) on December 13, 2022, be set aside, declared invalid and unconstitutional, and made a costs order against the responding parties.
The NA voted not to adopt the report by the independent panel, which consisted of Speaker of the National Assembly Honourable Mapisa-Nqakula, appointed Justice S Sandile Ngcobo, retired Chief Justice T Masipa, retired Judge of the South Gauteng High Court, and Advocate M Sello SC, a practicing advocate.
The applicants successfully argued that the NA failed to carry out its constitutional obligation to put in place an effective mechanism to hold the president accountable by referring the report to the Impeachment Committee.
This after it was found that Ramaphosa committed serious misconduct and violated the Prevention and Combating of Corrupt Activities Act (PRECCA) by not properly reporting the theft at his Phala Phala farm, where an undisclosed amount of foreign currency was stolen from a sofa on February 9, 2020.
The matter was brought to the apex court by the EFF and the African Transformation Movement (ATM) in terms of Section 167(4)(e) of the Constitution, in that the court has exclusive jurisdiction to rule on the matter.
Chief Justice Mandisa Maya declared the National Assembly's vote against President Cyril Ramaphosa's impeachment inquiry unconstitutional, paving the way for a potential investigation into allegations of misconduct.
Image: Itumeleng English / Independent Newspapers
Before the court, EFF and ATM argued, among other reasons, that there was a deliberate intention by the president to not have the crimes committed at Phala Phala investigated in the public eye; that Ramaphosa prima facie violated the provisions of Section 96(2)(b) of the Constitution and Section 34(1) of PRECCA, to have the investigation kept secret and that there was more foreign currency in the president's couch.
Ramaphosa has maintained that he did not violate his oath of office, that the funds were proceeds from livestock sales, and has cooperated with investigations.
Chief Justice Maya noted that an impeachment inquiry could take many months.
In handing down the full bench ruling, Chief Justice Maya apologised for the delay in handing down judgment and said she took “full responsibility”.
She said: “I start by taking full responsibility for the delay in producing this judgment concerning an extremely difficult matter of great national importance. I tender my sincere apologies to the parties, my colleagues, and fellow South Africans for the inconvenience it has caused.”
In one of three judgments on the matter, Chief Justice Maya said: “The third judgment further holds that this state of affairs results in a lack of transparency and openness in the process. The panel conducts its work on a limited written record. And the more rigorous processes of testing evidence, assessing veracity, and evaluating seriousness are reserved for the Impeachment Committee stage. If the process is halted before that stage, the National Assembly’s decision is taken without a full and public exposition of the issues.”
The court found that the NA vote was inconsistent with the Constitution and invalid, and set it aside.
Chief Justice Maya also ordered that the report must be referred to the Impeachment Committee.
chevon.booysen@inl.co.za