President Ramaphosa’s application has been dismissed by the ConCourt Photo JacarandaFM
South Africa – The Constitutional Court has dismissed President Cyril Ramaphosa’s bid to seek direct access to challenge the findings of the Section 89 Phala Phala report. While opposition parties have rejoiced at the decision, Ramaphosa’s spokesperson, Vincent Magwenya, said it “is not a blow to the president”.
Ramaphosa wanted direct access to the apex court to challenge the report’s findings. However, the ConCourt unanimously ruled that “no case has been made for exclusive jurisdiction or direct access and the main application must be dismissed”. Ongama Mtimka, Political Analyst, said the decision is not a surprise and he is happy the application was thrown out.
“The report had identified a few things which the president needed to answer based on the evidence that they had found. The report acknowledged that some of the evidence was not ideal but said that from both sides that was the case. My view is that any review of the report should have been taken to a high court as a starting point and not directly to the Constitutional Court.”
Mtimka believes the move was unwise given the controversy currently surrounding Ramaphosa and his relationship with Chief Justice Raymond Zondo. Manly feel the president bypassed the High Court because it is under the embattled Judge President John Hlophe but this is still no excuse, said Mtimka.
“The president might suspect that he wouldn’t be able to get fair treatment in that court but that is unfounded. There’s already built in recourse for any court outcome where any litigant is not happy about.”
The ammunition given to opposition parties
The application being thrown out by the ConCourt was music to opposition ears. The Democratic Alliance issued a statement after the judgement was announced saying the ruling confirms the matter needs to be “fully investigated” by the National Assembly in the form of an ad hoc committee. Something the DA has been calling for since the report was released.
“An ad hoc committee is the route that Parliament should have followed when this scandal first broke. And the first witness that must be called by this committee, is Cyril Ramaphosa himself,” said the DA.
Many of the other parties echoed this as well with them wanting the president to be held accountable. Even though parliament has taken a decision to not move forward with the matter, it does not mean parties cannot challenge it, said Mtimka. If there is a rational basis to challenge the matter, it is only right to take parliament to court but he hopes it does not get that far.
“When you have a report that establishes, not just political, but some rational basis for dealing with the matter, it empowers those who may not be happy with the political outcome to challenge the outcome.. The ANC in its wisdom felt that there should be nothing further done with the report … Should there be displeasure with that, any party within parliament can actually litigate and take parliament to court for failing to act in a rational way. It may be in the interest of the president to pursue the matter even in the lower courts so that parliament is not put in a position where a report that has been produced following a rational process is defeated on the basis of the power of the ANC.”
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The knock on impact of the ConCourt decision within the ANC
Political parties could be looking to use this decision to try and get Ramaphosa removed from office but that is unlikely to happen. Mtimka still feels the president has enough power and support to survive any challenge against him and his rule.
The president has often been accused of putting the party before the people. Any hope of that changing because of the report or the decision of the ConCourt is foolish to have. Mtimka firmly believes the president will not change his ways now and will still look to keep who he wants in charge regardless of job incompetency. All that matters is how much power they hold within the party.
“It’s not an established practice within the ANC to want to change ministerial portfolios on the basis of the rationale of improving state capacity. Every time it’s been done, it’s been done to align the cabinet with the political dynamics of the party … People who no longer wield power at the level of the party will be removed. If there is deadwood that is on the right side of the camps, that minister will not be fired.”
The president is caught between a rock and a hard place especially with regards to the Deputy Presidency role. With David Mabuza resigning, it looks very likely that Paul Mashatile will become the Deputy President of the ANC. However, Mashatile could be investigated on allegations of perjury, fraud and forgery after an ANC member challenged him for misleading the North West High Court after submitting an allegedly falsified affidavit.
The president has some tough choices to make with regards to the cabinet reshuffle. Not wanting to be ousted but also trying to save the ANC, time will tell in what direction he will go and how this will impact him, the country and the ANC.
To hear what Ongama Mtimka said with regards to the Phala Phala report, you can listen to the discussion here:
