The EFF has labelled President Cyril Ramaphosa a “constitutional delinquent” who has been exposed following reports that he is considering a judicial review of the section 89 independent panel report.
This follows a finding by the Constitutional Court that ruled that parliament acted unlawfully when it used the ANC’s numerical majority to block the implementation of the report’s findings. At the time this prevented the establishment of an impeachment inquiry into the Phala Phala debacle.
In December 2022 Ramaphosa is said to have formally launched an application to review and set aside the findings of the panel after it found there was prima facie evidence he violated the constitution and his oath of office.
This review application was later abandoned, a move the EFF believes was pre-empted by the suppression of the report in parliament.
Party spokesperson Sinawo Tambo said the state of affairs exposes the president as an individual who never sought genuine judicial clarity on the merits of the report.
“Instead he has relied on political manipulation and procedural delay to evade accountability. If Ramaphosa truly believed that the independent panel report was fundamentally defective, irrational or unlawful, he would have pursued his review application to finality in 2022 and 2023,” he said.
The Constitutional Court, through our diligence as the EFF, has already restored constitutional order by invalidating the ANC’s unlawful parliamentary protection racket
— Sinawo Tambo, EFF spokesperson
Tambo said it was opportunistic of the president to withdraw the matter once Ramaphosa believed the ANC’s parliamentary majority had permanently buried the report.
“Now that the Constitutional Court has correctly declared that the parliamentary vote was unconstitutional and invalid, Ramaphosa is contemplating a review application once again — in order to hide behind court proceedings and to delay, frustrate and ultimately avoid the inevitable impeachment inquiry.”
This conduct, according to the red berets, demonstrates profound disrespect for parliament, the judiciary and constitutional order.
Tambo urged that the courts dismiss with contempt any renewed attempt by the president to litigate against the section 89 independent panel report nearly four years after its publication.
“The Constitutional Court, through our diligence as the EFF, has already restored constitutional order by invalidating the ANC’s unlawful parliamentary protection racket. The next step must be the immediate establishment of the impeachment inquiry contemplated by section 89 of the constitution.”
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