THE Presidency said on Wednesday that it noted the report submitted to the Speaker of the National Assembly by the independent panel established in terms of Section 89 of the Constitution to determine if President Cyril Ramaphosa has a case to answer in the Phala Phala matter.
The Presidency said it appreciated that according to the rules of the National Assembly, the National Assembly needed to consider the report and determine the most appropriate way forward.
“The Section 89 process has presented an unprecedented and extraordinary moment for South Africa’s constitutional democracy. The conclusions of the panel require careful reading and appropriate consideration in the interest of the stability of government and that of the country,” the Presidency said.
Retired Chief Justice Sandile Ngcobo handed the three-volume report after 10am to Parliament Speaker Nosiviwe Mapisa-Nqakula, who then told a press briefing that the electronic version of it would be published via ATC, which is Parliament’s system to publish documents of public interest.
Ramaphosa is expected to appear before the National Council of Provinces on Thursday where he is expected to face a barrage of questions regarding the Phala Phala matter.
Justice Ngcobo said the report was a product of submission made by Ramaphosa, the EFF, UDM and ATM to the panel.
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 sections 96(2)(a).
- A serious violation of section 34(1) of Precca (the Prevention and Combating of Corrupt Activities Act).
- A serious misconduct in that the president violated section 96(2)(b) by acting in a way that is inconsistent with his office.
- A serious misconduct in that the president violated section 96(2)(b) by exposing himself to a situation involving a conflict between his official responsibilities and his private business.
President Ramaphosa reiterated the statement he made in his submission to the independent panel: “I have endeavoured, throughout my tenure as president, not only to abide by my oath but to set an example of respect for the Constitution, for its institutions, for due process and the law. I categorically deny that I have violated this oath in any way, and I similarly deny that I am guilty of any of the allegations made against me.”
In an affidavit he submitted to Justice Ngcobo’s panel, Ramaphosa admitted to being the sole owner of the Ntaba Nyoni Estates, which operates as Phala Phala. He also revealed that there was a sale of wild game at the farm and those were the proceeds that were stolen.