President Cyril Ramaphosa on Monday night said he has consistently maintained that he has not committed a crime and has not misused public money. He said that there has not been sufficient evidence to prove that he has violated the Constitution.
Image: Oupa Mokoena / Independent Newspapers
President Cyril Ramaphosa said that in light of the Constitutional Court's ruling on Phala Phala, he will be challenging the Section 89 independent panel report, describing it as flawed and saying he disagreed with its findings that there is prima facie evidence that he had violated his oath of office.
Ramaphosa addressed the country on Monday night after intense public and political scrutiny since the Constitutional Court issued a scathing judgment on Friday.
The court ruled that Parliament's handling of the Phala Phala report was unconstitutional and invalid, ordering that the matter must return to Parliament's impeachment committee.
The Constitutional Court on Friday delivered three key findings in the matter of Economic Freedom Fighters and Another v Speaker of the National Assembly and Others (CCT 35/24): Rule 129I of the National Assembly is inconsistent with the Constitution and is invalid.
The National Assembly's vote (with a majority ANC MPs) rejected the Section 89 independent panel report as irrational and unconstitutional, and also invalid.
The report must now be referred to Parliament's impeachment committee for a full parliamentary investigative process.
On Monday, National Assembly Speaker Thoko Didiza confirmed that Parliament will establish an impeachment committee into the Independent Panel Report, chaired by former Chief Justice Sandile Ngcobo.
Ramaphosa said since Friday's judgment was handed down, he has reflected on what it means for the country, for the rule of law and for the presidential office. He said that at such times of such uncertainty and contestation, the Constitution “remains our guide”.
“Since a criminal complaint was laid against me in June 2022, I have consistently maintained that I have not stolen public money, committed any crime, nor violated my oath of office. From the beginning, I said that I would cooperate with all institutions that are mandated to deal with these types of matters,” Ramaphosa said.
He said that he has cooperated with all investigations and enquiries into the matter and will continue to do so.
“When the independent panel submitted its report in December 2022, I said that I disagreed with its findings and the process of reasoning that led to those findings.”
He explained that in his submission to the panel that authored the Section 89 report, he maintained that the complaints against him 'are based on hearsay allegations'.
“No evidence, let alone sufficient evidence, has been presented to prove that I committed any violation, let alone a serious violation of the Constitution or law, or serious misconduct as set out in the Constitution,” he told the panel.
Ramphosa said: “As a consequence, I decided then to approach our courts to take the report of the independent panel on review.”
He said he has consistently maintained that he has not committed a crime and has not misused public money, nor has he violated his oath of office. He said that there has not been sufficient evidence to prove that he has violated the Constitution.
“On the basis of advice from my legal team and as envisaged by the Constitutional Court when it said ‘unless and until the report is set aside on review’, I have therefore decided to proceed to take the independent panel’s report on review on an expeditious basis.
“I do so not out of disrespect for Parliament or its processes, but to affirm the need for such findings to be correct in law and in fact, especially where Parliament’s work would be based on and informed by a report I believe is flawed,” Ramaphosa said.
He added that while there have been calls for him to resign, “nothing in the Constitutional Court judgment compels me to resign my office”.
“The Constitutional Court made no finding of any kind regarding my alleged conduct. The Court made no finding on whether there was prima facie evidence of misconduct, nor if the alleged conduct, if established, justifies impeachment and the removal of the President,” Ramaphosa said.
“Instead, the Constitutional Court judgment reinforces the principles, rights and processes underpinning our constitutional order. This explicitly includes the right to take the report of the independent panel on review.
“I therefore respectfully want to make it clear that I will not resign.”
He added that he intends to fulfil and complete the mandate given to him.
“I will do everything in my power to strengthen the institutions that are responsible for safeguarding our democracy and upholding the rule of law so that they may never again be abused, co-opted or repurposed to serve criminal interests.
“I will remain in your service and will continue to act in your interests and in the interests of our diverse and remarkable nation,” Ramaphosa said.
“I am confident that together as a nation we will strive, we will progress and we will overcome.”
theolin.tembo@inl.co.za