I will not resign over Phala Phala ruling, declares Ramaphosa

“I ... respectfully want to make it clear that I will not resign.”

Those were President Cyril Ramaphosa’s words as he delivered an address to the nation on Monday night, stating that he will instead be taking on review parliament’s section 89 panel report on the Phala Phala scandal, which found there was prima facie evidence against him.

This follows renewed pressure on Ramaphosa about the scandal following last week’s Constitutional Court judgment reviving impeachment proceedings against him.

Speaking during a televised address at the Union Buildings in Pretoria, Ramaphosa insisted he had done nothing wrong and would continue serving as president while challenging the report in court.

His announcement came hours after parliament confirmed it had begun the process of establishing an impeachment committee and ANC secretary-general Fikile Mbalula called an urgent special meeting of the party’s national executive committee to deal with the fallout from the apex court ruling.

The Constitutional Court on Friday overturned parliament’s December 13 2022 decision to block the independent panel’s recommendation for a full impeachment inquiry into the Phala Phala matter.

The panel, chaired by former chief justice Sandile Ngcobo, had found prima facie evidence that Ramaphosa may have violated the constitution and committed serious misconduct linked to the 2020 theft of foreign currency from his Phala Phala game farm in Limpopo.

It ruled that parliament acted unlawfully when it halted proceedings after the panel had found sufficient evidence warranting further investigation.

Pending amendments to parliamentary rules, the court ordered the matters “must be referred” to an impeachment committee for a full inquiry.

Parliament on Monday confirmed that National Assembly speaker Thoko Didiza had started the process of establishing the committee.

“Parliament reaffirms its respect for the judgment of the Constitutional Court and will act in full compliance with the order and directions of the court,” parliament said in a statement.

President Cyril Ramaphosa addresses the nation on Monday on the monumental Phala Phala Constitutional Court judgment. This comes after the apex court’s judgment, which struck down rule 1291 of the National Assembly’s rules as unconstitutional and invalid. The Constitutional Court also overturned parliament’s December 13 2022 decision to block the independent Phala Phala panel report from proceeding to a formal impeachment inquiry.

It said Didiza would determine the necessary procedural arrangements, timelines and institutional support measures.

Ramaphosa, however, signalled he would fight the matter rather than step aside.

“I have always maintained that I have not violated my oath of office, nor have I committed any serious misconduct,” he said.

“I respect the judgment of the Constitutional Court and the institutions of our democracy, but I also have a constitutional right to seek legal recourse where I believe there are grounds to do so.”

He added: “I therefore respectfully want to make it clear that I will not resign. To do so would be to pre-empt a process defined by the Constitution. To do so would be to give credence to a panel report that unfortunately has grave flaws. To do so would be to abdicate the responsibility that I assumed when I became President of the Republic.”

He said for him to resign, “it would be to give in to those who seek to reverse the renewal of our society, the rebuilding of our institutions and the prosecution of corruption”.

“I fully intend to continue serving the people of South Africa and to advance their interests. There is still much work to be done,” he said.

ANC secretary-general Fikile Mbalula has summoned an urgent special national executive committee (NEC) meeting in Cape Town on Tuesday night as the governing party grapples with the political fallout of last week’s explosive Constitutional Court judgment on the Phala Phala saga − and President Cyril Ramaphosa’s political future. In a memo sent to NEC members, Mbalula said the special meeting will focus on the apex court’s ruling, which effectively revived the stalled impeachment process against Ramaphosa. “This serves to invite you to a special NEC meeting to be held on Tuesday ... for a briefing by the national officials, following the ConCourt verdict on the Phala Phala matter,” Mbalula wrote. He said the agenda will be circulated later, stressing that attendance is compulsory as the NEC is expected to receive what he described as a “deliberate briefing” from the ANC’s top brass. Sowetan sister publication Business Day understands the ANC’s top officials were locked in marathon talks on Monday morning as the party scrambled to map out its next move. National Assembly speaker Thoko Didiza and ANC chief whip Mdumiseni Ntuli were also part of the discussions. Senior ANC insiders said the party spent most of the weekend consulting legal experts on how to contain the political and constitutional crisis triggered by the judgment. ANC insiders say one option now under consideration is for Ramaphosa to take the panel’s report on review Among those understood to be advising the ANC is top silk advocate Tembeka Ngcukaitobi, while Didiza has separately sought guidance from parliament’s legal advisers on how an impeachment committee − the first of its kind in democratic SA − could be constituted. Friday’s landmark judgment dealt a major blow to Ramaphosa and the ANC. The Constitutional Court found rule 129(i)(b) of the National Assembly rules unconstitutional and invalid, while also setting aside parliament’s December 13 2022 vote that blocked the independent Phala Phala panel’s recommendation for a full impeachment inquiry. The court ruled parliament’s impeachment process failed constitutional muster because MPs were allowed to kill proceedings even after an independent panel had found sufficient evidence that the president may have committed serious violations warranting further investigation. In a ruling with massive political implications, the court effectively stripped parliament of the discretion to halt impeachment proceedings at that stage. Pending amendments to parliamentary rules, the court ordered that where an independent panel finds sufficient evidence exists, the matter “must be referred” to an impeachment committee for a full inquiry. ANC insiders say one option now under consideration is for Ramaphosa to take the panel’s report on review. The president had previously weighed a legal challenge to the independent panel’s findings but abandoned the move after advisers argued it became moot after the ANC’s parliamentary victory in December 2022 − a reprieve that has now spectacularly unravelled. Party sources also revealed the ANC is considering pushing for watered-down terms of reference for the impeachment committee, a move likely to trigger fierce resistance from opposition parties determined to force a full-scale inquiry. Parliament on Monday said in a statement that Didiza will kick-start the process to revive impeachment proceedings against Ramaphosa. “Parliament reaffirms its respect for the judgment of the Constitutional Court and will act in full compliance with the order and directions of the court,” the statement said. “It (parliament) will communicate further details regarding the constitution, programming and operational arrangements of the impeachment committee through the appropriate parliamentary processes and announcements.” Former chief justice Sandile Ngcobo’s panel was constituted by the Speaker after $580,000 (about R8,2m) hidden in a couch was stolen from Ramaphosa’s Phala Phala farm. Ramaphosa said the cash was payment for Ankole buffaloes purchased by a Sudanese businessman. He said the transaction happened while he was out on national business and was handled by his farm manager. He reported the theft to Maj-Gen Wally Rhoode, head of the presidential protection services, he said. Parliament said Didiza would determine the appropriate programme, procedural arrangements, time frames and institutional support measures needed to allow the impeachment committee to undertake and finalise its work “fairly and effectively”. “Further details on the composition, programming and operational arrangements of the impeachment committee will be communicated through parliamentary processes,” its statement said. − Additional reporting by Tara Roos

On Monday night, Daily Dispatch sister publication, TimesLIVE, reported that in a memo to NEC members, Mbalula said the party’s top leadership would meet urgently in Cape Town on Tuesday night to discuss the judgment and ANC response.

He said attendance was compulsory.

Senior ANC insiders said the governing party spent much of the weekend consulting legal experts on how to respond to the constitutional and political implications of the ruling.

Business Day reported that advocate Tembeka Ngcukaitobi was among those advising the ANC, while Didiza had also sought legal guidance on how parliament should structure the impeachment inquiry.

The Phala Phala scandal erupted after millions hidden inside furniture at Ramaphosa’s farm was stolen in 2020.

Ramaphosa has consistently maintained that the money was payment for buffalo purchased by a Sudanese businessman and that the transaction was handled by his farm manager while he was away on official business.

He also said the theft was reported to Maj-Gen Wally Rhoode, head of the presidential protection services.

Click here to join the Daily Dispatch’s WhatsApp channel and get the latest news delivered straight to your phone

Daily Dispatch