‘WE ARE UNPERSUADED’

…High Court dismisses ATM bid to overrule Parliament on Ramaphosa impeachment

JOHANNESBURG - The Western Cape High Court dismissed the ATM’s application to review and set aside National Assembly’s decision not to proceed with impeachment proceedings against President Cyril Ramaphosa over Phala Phala.

It was ATM leader Vuyolwethu Zungula who brought a motion in terms of Section 89 of the Constitution for Ramaphosa’s removal in June, days after the former director-general at the State Security Agency and former commissioner of correctional services, Arthur Fraser, opened a kidnapping and money laundering case against Ramaphosa, Presidential Protection Unit head Major-General Wally Rhoode, and Crime Intelligence members for allegedly concealing a burglary at the president’s Phala Phala farm in February 2020.

According to Fraser’s affidavit, Ramaphosa had at least $4 million in cash stashed in a couch at his game farm - and then played a part in a cover-up following an allegedly illegal investigation into the matter.

As required, National Assembly Speaker Nosiviwe Mapisa-Nqakula established an independent panel, headed by former Chief Justice Sandile Ngcobo, which found that Ramaphosa had a prima facie case to answer regarding the theft of foreign currency at his Phala Phala game farm.

As it did when it brought an aborted motion of no confidence against Ramaphosa earlier in the year, the ATM insisted that the vote should be by secret ballot. Mapisa-Nqakula didn’t accede to this demand, which was echoed by the EFF, citing that there weren’t extraordinary circumstances warranting a secret ballot and that Parliament must conduct its work with transparency.

On the day of the vote, December 13, only five ANC MPs broke ranks, and the motion was defeated.

The ATM then headed to court, attacking the legality of Mapisa-Nqakula’s decision not to allow a secret ballot for the vote.

A full bench consisting of Judges Andre la Grange, Ashley Binns-Ward and Daniel Thulare handed down their judgement on Wednesday.

“The contention that the Assembly was ‘straightjacketed’ by the Speaker’s determination appears to us to be unfounded. The National Assembly’s rules are silent on the issue of whether a vote on any question related on a motion in terms of s89 of the Constitution to remove the President from office should be by open or secret ballot,” reads the ruling.