Legal analyst Ulrich Roux says President Cyril Ramaphosa is likely to resign if the Constitutional Court decides to proceed with the Phala Phala investigation, a move that could effectively render any impeachment proceedings against the president null and void.
The Constitutional Court is expected to hand down judgment on Thursday in the Economic Freedom Fighters’ (EFF) application to overturn Parliament’s decision not to adopt the Section 89 panel report on the theft of nearly $600,000 in US cash from the president’s Phala Phala game farm in 2020.
The panel, led by retired Chief Justice Sandile Ngcobo, found prima facie evidence that Ramaphosa violated provisions of the Constitution and the Prevention and Combating of Corrupt Activities Act (PRECCA) by failing to report the theft of the foreign currency.
Speaking ahead of the judgment, Roux said there is merit in the EFF’s argument that Parliament acted incorrectly. “They have not acted in line with the constitution,” Roux said. “The constitutional court must make a ruling that the investigation must indeed be conducted into President Ramaphosa.”
Roux noted that no person in South Africa is entitled to possess more than 25,000 rand in cash without reporting it. “Close to $600,000 US is approximately 10 to 12 million rand, and there was no reporting,” he said, adding that criminal charges could be instituted against the president in terms of PRECCA and the Criminal Procedure Act if the court rules against him.
The legal expert also pointed to the president’s own “step-down” provisions for senior ANC officials facing serious allegations, saying Ramaphosa could be called upon to step down pending a properly conducted inquiry.
Roux highlighted that the president had previously been ready to resign until colleagues including Gwede Mantashe prevailed on him to stay on, according to information from Secretary-General Fikile Mbalula.
“We very well could see a situation tomorrow,” Roux said. “If the constitutional court says the investigation into Phala Phala must continue, our president will most likely resign, which will make any impeachment proceedings null and void.”
He concluded: “I do not think he will hang around should that investigation be taken up against him. He would resign as president given his past willingness to do so.”