Opposition parties have called on the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, to charge President Cyril Ramaphosa based on the Independent Panel findings on Phala Phala farmgate. Ramaphosa spokesperson Vincent Mangwenya told the media on Monday that the president will no longer pursue a legal application to have the Section 89 panel's report into Phala Phala reviewed and set aside. The panel, led by retired Chief Justice Sandile Ngcobo, found that there was a prima facie case and that Ramaphosa had acted in a way that was inconsistent with his office.
SEEKING LEGAL INTERVENTION
The leader of the United Democratic Movement (UDM), Bantu Holomisa said if Batohi does not act against the President by 1 June , they will seek legal intervention to compel her to act. "The legal challenge never had any legal merit, but was launched to mislead Parliament into believing that the matter was before the courts and to coerce the speaker to disallow the request of the UDM and other political parties for a secret ballot. It was also used to open a way for Ramaphosa to stand for re-election as president of the ANC in Nasrec. In short, it was a blatant abuse of the court process to achieve ulterior motives," said Holomisa. Holomisa further said that the report now stands as a valid document with a finding by an independent panel and very senior legal experts that the President has a case to answer for the serious criminal offence of breaching section 34 of the Prevention and Combating of Corrupt Activities Act (PRECCA),"
INDEPENDENT PANEL FINDINGS
Holomisa also said that the independent panel finding report indicated that the failure by Ramaphosa to report the theft of over $580 000 at Phala Phala farm is an offence in terms of Precca and the penalty imposed for such failure is provided. "If your case is heard by the High Court Judge, you may be sentenced to a fine or imprisonment for up to ten years," Holomisa said. Holomisa further said as UDM, they call on Advocate Batohi to charge Ramaphosa based on the above findings of the Ngcobo panel, which is stronger in calibre than any police investigation would be.
EFF TO WRITE TO THE SPEAKER AGAIN
The Economic Freedom Fighters (EFF) said in a statement on Tuesday that they will write to the Speaker again, urging her to reconsider the decision not to establish the impeachment committee, seeing that there are no further court challenges on the standing of the panel report. "As it stands therefore, the report of the independent panel still stands, and it will remain an albatross around the president's neck until Parliament exercises its constitutional powers by establishing the impeachment committee to hold Ramaphosa accountable," the EFF said. "Failure by the Speaker to reconsider the need to table the report for a decision by Parliament would constitute a serious abdication of duty by Parliament, and this decision would be re-viewable in court," the red berets said.
RAMAPHOSA MISLEAD THE ANC
In June last year, Vuyo Zungula, leader of the African Transformation Movement (ATM) asked Speaker of Parliament Nosiviwe Mapisa-Nqakula to appoint an independent panel to probe the Phala Phala scandal after money that was reported to be over $4 million ( was stolen at Ramaphosa's Limpopo farm in 2020. Responding to Ramaphosa dropping the legal challenge on the report, Zungula said the president misled his party so it didn't vote to have a Parliamentary inquiry, citing taking the report for review. "Now that they voted against the report, he is no longer challenging it. A person who doesn't want to be held accountable has no place being a President of a country," Zungula said.