WATCH | Ramaphosa may have seriously violated law on Phala Phala: Ngcobo panel

President Cyril Ramaphosa may have committed a serious violation of the law and serious misconduct in terms of the constitution. 

This is according to the section 89 panel of legal experts, headed by retired chief justice Sandile Ngcobo.

LISTEN | Phala phala report and its significance

The panel said in light of all the information placed before it, "we conclude that this information discloses, prima facie, that the president may have committed a serious violation of sections 96(2)(a) (of the constitution) and a serious violation of section 34(1) of the Prevention and and combating of Corrupt Activities Act, a serious misconduct in that the president violated section 96(2)(b) of the constitution by acting in a way that is inconsistent with his office, and a serious misconduct in that the president violated section 96(2)(b) by exposing himself to a situation involving a conflict between his official responsibilities and his private business."

Section 96(2)(a) states that members of the cabinet may not undertake any other paid work. 

The panel handed its report to National Assembly speaker Nosiviwe Mapisa-Nqakula on Wednesday.

Next Tuesday, the National Assembly will debate and vote on whether to adopt the report or not.

The three-member panel was appointed by National Assembly speaker Nosiviwe Mapisa-Nqakula in September to make a determination on whether Ramaphosa has an impeachable case against him stemming from a burglary that took place at his Phala Phala Farm in Limpopo two years ago.

Millions in foreign currency were allegedly stolen, and the crime was allegedly kept under wraps.

Mapisa-Nqakula set up the panel after the African Transformation Movement filed a motion in June requesting the house to initiate an inquiry into Ramaphosa’s removal from office as provided for by Section 89 of the constitution.

That section provides for the National Assembly to remove a president from office on the grounds of a serious violation of the constitution or the law, serious misconduct and an inability to perform the functions of office.

The party charged that he violated the constitution, which prohibits members of the cabinet and deputy ministers from “undertaking any other paid work”, among other things. It also suggested Ramaphosa tried to cover up the robbery as he did not report it to the police, as required by law.

In June, former state security director-general Arthur Fraser opened a criminal case against Ramaphosa about the robbery.

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