EFF statement on the Constitutional Cour application to declare the National Assembly vote on the Phala Phala report unlawful
8 February 2024
The Economic Freedom Fighters (EFF) can confirm that we have today, through our legal team, filed papers at the Constitutional Court of South Africa to declare the National Assembly vote to not adopt the Section 89 Independent Panel Report into Phala Phala Farm as irrational and unlawful.
This application from the EFF comes in light of the gross degeneration of the Parliament of South Africa into an extension of the ANC' Parliamentary caucus, which exists for the sole purpose of protecting and defending Cyril Ramaphosa from accountability.
The actions of the ANC caucus, which utilised its Parliamentary majority to suppress the National Assembly's mandate of holding the executive accountable on thel 3th of December 2022, are palpably unconstitutional, and possibly constitute the greatest disrespect of the values of transparency or accountability.
The Section 89 Independent Panel Report, led by former Justice Sandile Ngcobo found that there was prima facie evidence that were was wrongdoing at and in relation to criminal activities on Phala Phala Farm, and that Ramaphosa may have violated the Constitution of South Africa and his oath of office.
Ramaphosa, who has not challenged the Independent Panel Report based his survival of the Phala Phala scandal on a corrupted, compromised and self-seeking ANC Parliamentary caucus, which abdicated its duties as Members of Parliament to defend one man. Ramaphosa, through this Independent Panel Report which remains unchallenged, stands accused of money laundering, trading in illicit funds, keeping foreign currency in his mattresses, kidnapping alleged thieves of his illicit currency, and misusing state resources to recover these illicit funds.
The fact that the ANC abused their majority in Parliament to bury the scathing report, does not by any stretch of the imagination mean that he is innocent.
The EFF is confident that the application to the Constitutional Court will be successful as there is precedence of illegal and irrational decisions taken by Parliament, that are rooted in partisanship instead of rationality, being set aside by the highest court in the land.
As things stand, the Parliament of South Africa is toothless, and has once again failed to hold the executive accountable. Members of Parliament are suspended for holding Ramaphosa accountable for corruption and constitutional delinquency, the rules of Parliament are changed drastically to stifle opposition voices, and the ruling party uses its political majority to vote against efforts of holding those who lead our country accountable for violations of our Constitution.
The EFF will not be complicit in the destruction of Parliament as an institution of transparency and accountability, and we will not stand idly by as the Constitution of South Africa is violated with impunity.
Ramaphosa must and will account for the crimes he committed in Phala Phala Farm, and ultimately, Ramaphosa will fall!
Issued by Sinawo Thambo, National Spokesperson, EFF, 8 February 2024
