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Ramaphosa no longer going to court over Phala Phala

Vincent Mangwenya

@SAgovnews


President Cyril Ramaphosa will no longer take the Section 89 report on #PhalaPhalaFarm on legal review at the high court “for now” the presidency says.

Presidential spokesperson, Vincent Mangwenya, said on Monday Ramaphosa had accepted legal advice to reserve his right to challenge the findings at a later stage.

The Report by retired Chief Justice Sandile Ngcobo found, prima facie, that the President had breached his oath of office in relation to the Phaala Phaala money scandal.

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.

Mangwenya said the President also believed the matter was moot after the National Assembly debated the report but opted not to refer it to an impeachment committee and would not be taking it up in the High Court.

He said: "The President has been advised...that the panel report and all issues associated with it have become moot and there are of no practical and legal consequences because on 13 December the National Assembly decided to reject the motion to refer the report to an impeachment committee. While that decision remains valid, the Section 89 panel report carries no weight in law".

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