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Ramaphosa no longer going to challenge Phala–Phala report

President Cyril Ramaphosa maintains that the Section 89 independent panel’s report was flawed. However, he will no longer file a legal challenge to the report that found he may have a case to answer regarding the Phala Phala saga.

Addressing the media at the Union Buildings in Pretoria on Monday, Magwenya says, “On the 13th of December 2022, the National Assembly decided to reject the motion to refer the panel report to an impeachment committee, while that decision remains valid, the Section 89 panel report carries no weight in law. The president has thus been advised not to institute proceedings before the high court for the review and setting aside of the report at this stage. President Ramaphosa reserves the right to bring such proceedings in due course should the circumstances change.”Presidential Spokesperson Vincent Magwenya says the decision comes after the National Assembly voted not to proceed with an impeachment inquiry.

The report states: “In light of all the information placed before the Panel, we conclude that this information discloses, prima facie, that the President may have committed:

  • A serious violation of section 96(2)(a).
  • A serious violation of section 34(1) of PRECCA.
  • Serious misconduct in that the President violated section 96(2)(b) by acting in a way that is inconsistent with his office and by exposing himself to a situation involving a conflict between his official responsibilities and his private business of the Constitution.

This was after the Constitutional Court found no compelling reasons to grant the President direct access to the Court to review and set aside the Panel’s findings.

 

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