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The Constitutional Court will hear arguments from the Economic Freedom Fighters (EFF) on Tuesday about Parliament’s decision to forego an impeachment investigation into President Cyril Ramaphosa due to the Phala Phala issue.
In a case based on the president’s accountability for suspected criminal conduct, the party is taking action against Ramaphosa, the National Assembly, and the African National Congress (ANC).
The National Assembly rejected the African Transformation Movement’s (ATM) motion to remove the president from office in December 2022.
The House also rejected a report by the independent panel, which was chaired by retired Chief Justice Sandile Ngcobo, that concluded Ramaphosa might have broken the Constitution and needed to be held accountable for his involvement in the Phala Phala episode.
Several investigations probing whether Ramaphosa committed crimes following the Phala Phala burglary have been conducted thus far, including ones by the Reserve Bank and the Public Protector.
The Ngcobo panel’s conclusions, however, represent a significant exception because, in addition to being rejected by Parliament, Ramaphosa vigorously challenged the panel’s report in the Constitutional Court.
The president contended that the panel’s interpretation of the facts and the charges against him were incorrect.
Even though Parliament had already rejected the impeachment proposal by that point, the Constitutional Court finally decided that the panel had overreached itself by going straight to the court.
The matter of presidential impeachment is now back before the highest court, thanks to the EFF’s legal challenge, which might establish a significant precedent.
Beyond Ramaphosa’s political repercussions, the issue might have important long-term legal significance, especially concerning the presidential impeachment procedures, which the Constitutional Court has not yet thoroughly examined.
The EFF contended that Parliament could only reject the conclusions of an independent panel on well-defined, legally valid grounds once the panel had determined there were adequate grounds for impeachment.
The criteria for holding a sitting president responsible may be reinterpreted in this circumstance, it said.
Speaking at the Gauteng Provincial Assembly on Sunday, party leader Julius Malema accused Ramaphosa of corruption and warned against compromising the country’s future by tolerating the president’s unaccountability.
Malema further vowed to lead mass protests in response to the handling of Ramaphosa’s farm scandal.
The EFF is also expected to brief the media on Monday on its preparations to their upcoming elective conference next month in Johannesburg.
kamogelo.moichela@iol.co.za
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