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President Cyrl Ramaphosa. Picture: DENVOR DE WEE
President Cyrl Ramaphosa. Picture: DENVOR DE WEE

The independent panel tasked with determining whether President Cyril Ramaphosa has a case to answer regarding the Phala Phala allegations has given MPs six days to submit information relevant to its assessment.

Ramaphosa will then get 10 days to submit written responses.

The MPs’ six days started on October 22 and will end on October 27. Ramaphosa’s 10 days to respond will run from October 28 to November 6.

Parliament published the panel’s timetable in its internal announcements, tabling and committees document on Friday night.

The panel has set 10 days to consider information received, conduct additional research if required, deliberate, write and finalise the report.

The panel invited MPs to submit relevant written or recorded information.

Submissions must be made as follows:

  • an electronic version of the submission plus five hard copies;
  • the electronic version must be on a flash drive;
  • submissions must be accompanied by all materials such as case law, academic works and statutes referred to in the submission; and
  • where reliance is placed on recorded materials, the submission must be accompanied by a transcript duly certified as a true and correct.

The panel said it was working under time constraints and noncompliance with the time frame would negatively affect the timeline for delivery of the report to the speaker.

Late submissions will not be accepted without earlier written consent of the chair obtained before the expiry of the six-day period.

Speaker Nosiviwe Mapisa-Nqakula appointed former chief justice Sandile Ngcobo, judge Thokozile Masipa and advocate Mahlape Sello to the panel that will conduct a preliminary assessment of the African Transformation Movement’s (ATM) motion against Ramaphosa.

ATM leader Vuyo Zungula submitted a motion for the assembly to initiate an inquiry into Ramaphosa’s removal on the grounds of serious violation of the constitution or the law and serious misconduct.

He alleged Ramaphosa was guilty of violating the constitution, which provides that cabinet members and deputy ministers may not undertake other paid work and [Ramaphosa] publicly stated: “I’m a farmer, I am in the cattle business and the game business ... I buy and I sell animals.... This that is being reported was a clear business transaction of selling animals.”

Zungula said Ramaphosa’s statement confirmed he was actively running his farming business and misled the nation when in 2014, on assuming office as deputy president, he said all his business interests would be managed by a blind trust. He said Ramaphosa was guilty of a serious violation of the Prevention and Combating of Corrupt Activities Act.

He said Ramaphosa failed to report the theft on his farm to “any police official” as required by the act. Reporting the matter to Gen Wally Rhoode, a member of the presidential protection unit, is not in compliance with the SA Police Service Amendment Act. That there was no case number was proof that the manner in which the reporting was made was irregular and unlawful, he added.

Rhoode had no business investigating anything at the Phala Phala farm “as unlawfully directed by the president”, said Zungula, who also alleged Ramaphosa gave an unlawful instruction to Rhoode to investigate the burglary at his private farm.

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