CAPE TOWN - An embarrassment imposed on our client.
That’s how President Cyril Ramaphosa’s legal team has described ongoing Parliamentary processes around the Phala Phala farm theft.
Ramaphosa’s lawyer, Wim Trengove, says proceeding with impeachment without a thorough review of the Phala Phala theft report causes prejudice to the President.
“What the report does is determine that the complaint goes to an Impeachment Committee,” he says.
“It’s such an embarrassment that is imposed on the President to be publicly prosecuted for misconduct,” he adds.
Ramaphosa is asking the Western Cape High Court to review the Section 89 independent panel report into the theft at his Phala Phala farm.
The report concluded that he may have violated the Constitution and the law in connection with the theft of $580,000 in February 2020.
READ: Phala Phala saga | Lawyer claims complaint is aimed at humiliating Ramaphosa
Parliament has since established an Impeachment Committee to consider the matter.
The African Transformation Movement, which is opposing the review, says criticism of the report is unwarranted.
It warns of far-reaching implications should the Western Cape High Court overturn the panel’s findings.
“The criticisms are without merit,” says ATM’s lawyer, Anton Katz.
Katz argues that the panel’s report was investigative in nature and that overturning it could open the door to what he describes as “Stalingrad tactics”.
Trengove has hit back, arguing that the independent panel failed to properly weigh all the evidence before referring the matter to an Impeachment Committee.
He says the impact of the report on Ramaphosa is what makes it reviewable.
The African Transformation Movement’s legal counsel is expected to continue its arguments on day two, while lawyers for the EFF and uMkhonto weSizwe are expected to make their submissions later in the day.