State agencies must stop dragging their feet over Phala Phala, says Julius Malema

EFF leader Julius Malema has rallied behind the independent panel’s damning findings against President Cyril Ramaphosa, saying it produced a high-quality report, and criticised government agencies for allegedly dragging their feet in investigating the matter, which threatens to cut short Ramaphosa’s tenure at the Union Buildings.

“In light of the speed and quality work of the independent panel, the EFF condemns the law enforcement agencies and financial regulators, namely the Office of the Acting Public Protector, the SA Revenue Service (Sars), the SA Reserve Bank and the National Prosecuting Authority (NPA), who have not released any findings or reports on the crimes committed at Phala Phala Farm,” Malema said on Monday.

“It is shameful that these entities are making no progress on the Phala Phala matter and reveals how deeply Ramaphosa has compromised the institutions of this country.”

The EFF would explore legal avenues to compel the entities to release their respective reports and subsequent findings on the matter, he said.

But Sars spokesperson Siphithi Sibeko said the revenue service was prevented by law from commenting on the matter, while Reserve Bank spokesperson Ziyanda Mtshali said it did not comment on any exchange-control investigations of individuals or entities.

In July, the public protector said its investigation into the matter was ongoing and no further public comments would be made to protect the investigation's integrity.

The section 89 independent panel headed by retired chief justice Sandile Ngcobo said in its report released last week that Ramaphosa may have broken some of the country’s anticorruption laws in connection with the theft of a large sum of dollars from his Limpopo farm in late 2020.

Legal academic and political commentator Richard Calland, who was dropped from the independent panel over his perceived bias towards Ramaphosa and replaced by Mahlape Sello SC, has criticised the section 89 panel, saying it failed to deliver a report of the “necessary impeccable quality and credibility”. Ramaphosa’s leaving office on the basis of a “flawed report” would be unjust, according to Calland, who has been giving running commentary on the matter.

Malema said the red berets felt vindicated for having called for Calland’s removal from the panel as he was clearly a “biased person” who was deployed “to go and release a report that favours Ramaphosa”.

On Tuesday, the National Assembly will debate the report and vote on whether to implement an impeachment process against the embattled president, who intends taking the report on judicial review, a move Malema characterised as desperate and a further disrespect to South Africans and the constitution.

“The first respondent is parliament. Ramaphosa is taking parliament to court, that’s what it is, effectively.” Malema said Ramaphosa has violated his oath of office and the Constitution and must be removed urgently.

“Political parties and all MPs must vote for the impeachment process to commence because not doing so is not sensible and will not pass the rationality test,” he said.

“Voting against the Section 89 independent panel’s recommendations will be a violation of parliament’s constitutional obligation to hold the executive accountable, and previous rulings of the Constitutional Court have condemned parliament’s lack of oversight and vigilance over the executive.”

Opposition parties would request the DA to table a motion of no confidence against Ramaphosa on the basis of the prima facie evidence that he committed serious violations of the Constitution and laws of the republic, said Malema.

“If the DA, which is the second-largest political party in parliament, is unable to table the motion of no confidence, the EFF, which is the third-largest political party in parliament, will table the motion of no confidence against Ramaphosa,” he said.

“The report will be adopted [on Tuesday]. If the man [Ramaphosa] does not resign [on Tuesday], the ANC people are going to vote with us. Our worry is the DA; the DA is blowing hot and cold. Once the DA comes [aboard], we are done,” Malema said, adding opposition parties would hold a media briefing on Tuesday, ahead of the parliamentary debate and vote.

DA leader John Steenhuisen said his party had been consistent on this matter from the beginning.

“The DA is an independent party, we won't issue a motion of no confidence as it’s a violation of the rules of parliament and it makes the opposition look desperate,” Steenhuisen said.

The red berets were happy that voting on the report would be conducted openly. He singled out ANC leaders Nkosazana Dlamini-Zuma, Lindiwe Sisulu and Supra Mahumapelo for having publicly called on Ramaphosa to resign.

"[On Tuesday] they must go and raise their hands [to show] they are for the rule of law … and not for the man. Let SA see who is on the side of the constitution and who is on the side of the individual.

“The Constitutional Court said MPs must vote according to their conscience, not according to party line. [On Tuesday] we are going to separate women from girls and men from boys,” Malema said. 

mkentanel@businesslive.co.za