Africa-Press – South-Africa. The Constitutional Court’s dismissal of President Cyril Ramaphosa’s bid to seek direct access to challenge the findings of the scathing Section 89 Phala Phala report “is not a blow to the president”.
This is according to Ramaphosa’s spokesperson, Vincent Magwenya, who addressed the media on Wednesday.
Magwenya said the judgment dealt with “what I would call a procedural matter concerning the president seeking access to the Constitutional Court; it did not pronounce itself on the merits of the case”.
“That judgment just says there is no case for the ConCourt to be petitioned directly. It’s therefore not a blow to the president as others have been alluding to,” said Magwenya.
He added that Ramaphosa’s legal team would meet to strategise on what steps to take going forward.
“The legal team will convene to map the way forward and consider the options – but, I reiterate, the judgment deals with a procedural matter; it does not pronounce itself on the merits of the case,” he said.
Ramaphosa wanted direct access to the apex court to challenge the report’s findings, but the court ruled that “no case has been made out for exclusive jurisdiction or direct access, and the main application must be dismissed”.
The Constitutional Court considered the application brought by way of exclusive jurisdiction or by way of direct access after Ramaphosa approached it following the findings of an independent panel of experts, headed by retired Chief Justice Sandile Ngcobo.
The panel, which was appointed by National Assembly Speaker Nosiviwe Mapisa-Nqakula, found that Ramaphosa may have a case to answer regarding allegations of wrongdoing emanating from the theft of foreign currency at his Phala Phala game farm in Limpopo in February 2020.
The report found that Ramaphosa may have breached the country’s anti-corruption laws regarding claims of money laundering, kidnapping and corruption.
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