President Cyril Ramaphosa has a lot to answer for. On November 30, the Section 89 Independent Panel released its report investigating whether the President has committed a serious violation of the Constitution or the law. The report and investigation found that the president is guilty of a serious violation of the Constitution and misconduct. It also found that there are grounds for the president to be investigated by law enforcement agencies. The panel said there many questions still unanswered.
So where did these allegations of violations of the constitution and misconduct come from?
The Phala Phala Gate scandal
The Phala Phala Gate or “Farmgate” scandal is the major political scandal involving Ramaphosa. The incident took place in February 2020 but became public in June 2022. In June 2022, the former head of the State Security Agency, Arthur Fraser lodged a criminal complaint against Ramaphosa. He alleged that Ramaphosa had defeated the ends of justice by committing breaches of the Prevention of Organised Crime Act and the Prevention of Corrupt Activities Act of 2004. His complaint stated that a total of US$ 4 million (equivalent to R62 million) stashed inside a couch at Ramaphosa’s home at the Phala Phala game farm in Limpopo was stolen “on or about” February 9 2020. Fraser’s complaint said the president did not report the crime because the money had not been declared to the reserve bank. The complaint also said the robbery suspects had been kidnapped, interrogated and then paid for their silence.
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Ramaphosa said he did not disclose the details of the robbery because “he did not want to panic the country or the farming community” according to sources quoted by The Daily Maverick.
The reaction
Various political parties called for the president to step down once the allegations came to light. They called for Ramaphosa to step down as president while the investigation was taking place. The president himself said he would step aside if he was criminally charged over the events. In June 2022, the African Transformation Movement’s leader Vuyo Zungula tabled an official motion. Zungula called on parliament to investigate Ramaphosa by forming a Section 89 Committee Inquiry over allegations the latter had violated section 89 of the South African Constitution.
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Section 89 of the Constitution provides for the National Assembly to remove a President of the Republic from office on the three grounds. These are serious violations of the Constitution or the law, serious misconduct and/or inability to perform the functions of office.
A parliament’s advisory panel was put together to investigate the allegations of misconduct. The panel was appointed by the speaker of the National Assembly, Mapisa Nqakula on September 14 2022. The panel was made up of retired justice Sandile Ngcobo, retired chief justice Thokozile Masipa and practicing advocate Mahlape Sello.
Now what?
Following the release of the report, the African National Congress’s (ANC) national executive committee (NEC) announced they would hold an emergency meeting. Ramaphosa, who had denied all of the allegations, was said to be studying the report and would respond to it soon. Ramaphosa was due to appear before the National Assembly on the Thursday after the report was released but Ramaphosa said he won’t be able to attend.
This all happened just weeks before the ANC’s national conference is due to take place where Ramaphosa is hoping to be reelected for a second term.
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