ATM has welcomed the ConCourt Phala Phala ruling, calling it a win for accountability and a reaffirmation that no one is above the Constitution.
Image: X/@CyrilRamaphosa
The African Transformation Movement (ATM) has welcomed the Constitutional Court’s ruling in finding that the National Assembly acted unlawfully when it voted in December 2022 to reject the Section 89 Independent Panel report into President Cyril Ramaphosa's Phala Phala scandal.
In a statement released, the party said the ConCourt has now made it plain that Parliament may not use a procedure to shield power from constitutional scrutiny.
The judgment, delivered at 10am on Friday morning at Constitutional Hill in Braamfontein, marks one of the most consequential rulings against a sitting head of state in the country's democratic history.
The court has ordered Parliament to properly process the Section 89 panel report, reopening the possibility of a full impeachment inquiry into the President.
“By declaring Rule 129 (i)(b) inconsistent with the Constitution, setting aside the National Assembly vote on December 13, 2022, and directing that the independent panel’s report be referred to an impeachment committee, the Court has restored the accountability process required by our constitutional order,” ATM national spokesperson, Zama Ntshona, said.
According to the party, while the judgment is not a finding of guilt against Ramaphosa, it is a reaffirmation that no president, no party majority, and no institution stands above the Constitution.
“For ATM, the Phala Phala matter has never been about personalities, factions, or political theatre. It has always been about moral governance, the rule of law, and the protection of the people’s trust,” Ntshona said.
The Section 89 independent panel already found prima facie evidence that the President may have committed serious violations and serious misconduct, Ntshona said.
“Parliament’s duty was not to bury those findings, but to allow a proper inquiry. South Africans who endure poverty, unemployment, crime, and collapsing services deserve a state that acts with honesty and transparency, not one that appears to reserve accountability for the weak while protecting the powerful,” it said.
ATM has called for the impeachment committee to be convened without delay, for its work to be conducted openly and lawfully, and for Ramaphosa to cooperate fully with every constitutional and investigative process.
“We reject both impunity and trial by slogan. We stand for truth, fairness, and equal justice,” the party said.
“This moment will define whether Parliament remains a guardian of constitutional democracy or becomes an instrument for shielding executive misconduct. South Africans are watching, and history will remember those who chose principle over convenience, and those who failed the nation when accountability was most required,” the ATM party said.
robin.francke@iol.co.za
IOL