ANC secretary-general Fikile Mbalula says the ANC supports President Cyril Ramaphosa’s legal challenge relating to the parliamentary process arising from the Phala Phala matter, arguing that the process must be allowed to follow the law.
Speaking during a media briefing on Tuesday, Mbalula said the party wanted South Africans to understand the Western Cape High Court’s decision, saying the order paused the parliamentary process but did not bring it to an end.
The comments come after the Western Cape High Court on Friday granted Ramaphosa an interim interdict suspending public hearings by Parliament’s Section 89 impeachment committee pending the outcome of his review application against the independent panel report that paved the way for the process.
The panel, chaired by former chief justice Sandile Ngcobo, found that Ramaphosa may have a case to answer over the theft of foreign currency at his Phala Phala farm.
Ramaphosa has denied wrongdoing and is challenging the panel’s findings in court, with the review application set down for hearing from 2 to 4 September
Mbalula said the court granted an interim order stopping public hearings by the parliamentary committee to allow Ramaphosa’s review application to be heard.
“It is a pause, not a cancellation,” Mbalula said.
He said the ANC’s position was that the process itself was important and that a fair process would give the country an outcome it could stand behind.
“The ANC asks the nation to hold one line. The process is what matters. A fair process will give the country a result it can stand behind,” Mbalula said.
Mbalula said the court had not ruled on whether Ramaphosa was right or wrong on the substance of the matter, but had protected the process to ensure it was conducted correctly.
“The court did not decide who is right or wrong on the substance. It protected the process so that it is done correctly,” he said.
He said the court had allowed the President’s review application, which Ramaphosa was entitled to bring in law, to proceed and was scheduled for hearing in Septemeber.
Mbalula said the Constitutional Court judgment of 8 May remained binding and that the parliamentary process remained active.
“The Constitutional Court of the 8th of May still stands. And the parliamentary process remains alive. It will continue once the courts have spoken,” he said.
He said Ramaphosa’s legal challenge should be allowed to proceed without being undermined or rushed.
“We know now the President is advancing a credible case. And it must be given its space and not be undermined or rushed over,” Mbalula said.
Mbalula said the ANC had suspended its participation in the process only because of procedural concerns and not because it was taking a position on the merits of the matter.
“The ANC has held its own participation as a friend of the courts in abeyance on matters of process only, and firmly outside the election contest,” he said.
Mbalula criticised political parties that he said were using the matter for political advantage.
“While some parties we know with regret abuse this moment for headlines,” he said.
He said political parties had distorted the issue by suggesting that a decision had already been made on the outcome of the parliamentary process.
Mbalula also defended National Assembly Speaker Thoko Didiza against a motion of no confidence, saying she had acted correctly by refusing to take sides while litigation between political parties was ongoing.
“Faced with litigation between two parties, she may later preside over. The correct and constitutional thing was precisely what she did. Not to take a side,” he said.
He said the Speaker’s decision was consistent with the constitutional requirement of impartiality.
“To punish a presiding officer for refusing to be partisan is to stand the principle on its head,” Mbalula said.
Mbalula said Parliament could not become consumed by one matter while South Africans continued to face challenges such as unemployment and the rising cost of living.
“Parliament must chew gum and walk at the same time. It cannot be consumed by one matter while our people are jobless at the cost of living crisis,” he said.
Mbalula said the ANC would continue to support lawful processes and would not defend wrongdoing.
“We will not defend anything that is unlawful,” he said.
He said the party had learned from past mistakes and would continue to respect the rule of law.
“We as the ANC have been there before. We scored our own goals. And we follow the law. In the past we did not. And we were punished,” Mbalula said.
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