CAPE TOWN - The Western Cape High Court will on Wednesday begin hearing President Cyril Ramaphosa’s application to review and set aside the Phala Phala report.
The report found that Ramaphosa may have a case to answer in relation to the theft of $580,000 from his Phala Phala game farm in February 2020.
An independent panel of experts, headed by former Chief Justice Sandile Ngcobo, concluded that there was a deliberate intention to keep the crime under wraps.
READ: Ramaphosa lodges application to challenge Phala Phala report
Ramaphosa is challenging the findings of the panel.
His grounds for review include claims that the panel:
- Misconceived its mandate.
- Misjudged the information placed before it.
- Misinterpreted the four charges against him.
- Made findings based on hearsay evidence.
- Failed to test the information placed before it.
In July, the Western Cape High Court ruled in Ramaphosa’s favour, temporarily halting the Impeachment Committee hearings.
Now, the courtroom battle continues.
What happens if Ramaphosa succeeds?
Analyst Zweli Jolobe says the key issue is whether the legal foundations of the report are sound enough for the process to continue.
“The essential ingredient here is whether the legal foundations of the whole report are sound and whether they are strong enough to proceed with the process at this point,” Jolobe says.
He says a successful review could have serious implications for how Parliament proceeds, given the potential problems with the report.
READ: Ramaphosa calls for validity of Phala Phala report be tested
Lawson Naidoo of the Council for the Advancement of the South African Constitution says that if the report is set aside, and there are no successful appeals, the matter would be remitted to the National Assembly.
He says the National Assembly could still have the power to proceed with an Impeachment Inquiry, but this would require a fresh decision by Parliament and the process would have to start again.
The Impeachment Committee’s roadmap depends on the court’s review of the independent panel’s Phala Phala report.
Until then, MPs are continuing with their preparatory work.