Reacting to the Constitutional Court judgment regarding an impeachment inquiry into the Phala Phala scandal, the African National Congress (ANC) has stated that the matter looks at Parliament’s conduct and processes and not at the guilt or innocence of President Cyril Ramaphosa.
The party stressed that the Constitutional Court dealt specifically with the process followed by the National Assembly in relation to the Section 89 panel report.
It did not make any finding on the guilt or innocence of Ramaphosa, nor did it conclude that Ramaphosa violated the Constitution or committed any wrongdoing, the party stated.
The ConCourt ruled the decision of the National Assembly not to refer the report of the Independent Panel on whether Ramaphosa should be impeached or not, to a Parliamentary impeachment committee, to be invalid.
The ConCourt ruled that the National Assembly must refer the Section 89 Independent Panel report to an impeachment committee, opening the way for impeachment proceedings against Ramaphosa.
ANC national spokesperson Mahlengi Bhengu said the ANC welcomed the judgment, delivered as South Africa marks 30 years of its democratic Constitution.
"The ANC respects the judgment of the Constitutional Court, the supremacy of the Constitution, and the role of Parliament in exercising its oversight responsibilities," she said.
The ANC said it will support National Assembly Speaker Thoko Didiza and the National Assembly in ensuring compliance with the judgment and applicable parliamentary rules.
“As the movement that fought for and ushered in the democratic Constitution, the ANC remains committed to defending constitutional democracy, the rule of law, and the proper functioning of democratic institutions,” the party stated.
Meanwhile, ANC alliance partner, the Congress of South African Trade Unions (Cosatu), has called on Parliament to approach the Section 89 independent panel report on the Phala Phala matter with "necessary meticulousness and foresight," stressing the importance of upholding constitutional responsibilities without "cutting corners”.
Cosatu Parliamentary Coordinator Matthew Parks underscored that the legislature must be granted the space to fulfil its oversight duties.
Parks noted that Cosatu appreciates Ramaphosa’s consistent efforts to "affirm the independence of the judiciary" and his willingness to subject his role as head of State to full legal scrutiny.
As the National Assembly considers the "weighty issue" of the report, which previously found prima facie evidence of potential constitutional violations regarding the theft of foreign currency at Ramaphosa's farm, Parks urged Members of Parliament to maintain a sense of "sobriety."
He warned against the “performative nature of modern politics”, stating that in the face of "global and domestic instability", "cool and calm heads" are required.
The federation highlighted South Africa’s status as a constitutional democracy, where even heads of State are subject to Parliamentary oversight, judicial scrutiny and public verdicts.
Parks cautioned that these principles should not be taken for granted, citing examples from the Americas, Africa, Europe, and Asia where established democratic institutions have proven "fragile to manipulation".
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