Ramaphosa battles Phala Phala findings as BOSA warns against taxpayer-funded legal fees

Masabata Mkwananzi|Published

As President Cyril Ramaphosa attempts to overturn findings that he may have violated the Constitution and abused his office, Build One South Africa (BOSA) has cautioned that South African taxpayers should not be compelled to pay for the president's legal battle over the Phala Phala scandal.

This comes after Ramaphosa decided to challenge the contentious independent panel report into the Phala Phala scandal in the Western Cape High Court. The report found prima facie evidence that he may have engaged in serious misconduct and abused his position as president.

Ramaphosa wants the report scrapped, especially the section recommending that Parliament consider impeachment proceedings against him. 

An independent panel led by former Chief Justice Sandile Ngcobo produced the report in 2022 and found prima facie evidence that Ramaphosa may have engaged in serious misconduct related to the Phala Phala farm scandal.

Ramaphosa, however, said the panel made a mistake. In court papers, the president argued the panel relied on hearsay, misunderstood its powers, and used questionable evidence to reach damaging conclusions.

“Save for the limited evidence I introduced in my response, there was no evidence before the panel,” Ramaphosa said.

He also questioned how confidential Namibian police documents and an audio recording ended up before the panel, warning the information may have been obtained unlawfully.

Roger Solomons, BOSA spokesperson, said while Ramaphosa has every constitutional right to defend himself in court, the public should not be forced to finance what the party describes as a private legal battle arising from his personal affairs.

“South African taxpayers should not be forced to fund the president's personal legal defence in a matter arising from his private farm and private affairs.”

Solomons warned that South Africa risks repeating the era of prolonged “Stalingrad-style litigation” associated with former President Jacob Zuma, where drawn-out legal battles allegedly cost taxpayers millions while accountability processes stalled.

“South Africa has seen this movie before. The administration of former President Jacob Zuma became synonymous with what has widely been described as ‘Stalingrad-style litigation’,” he said.

''Prolonged legal manoeuvring that delayed accountability proceedings and ultimately cost the public tens of millions of rands, with some estimates exceeding R30 million.''

The party further warned against what it described as the weaponisation of legal processes to delay accountability while the public bears the financial burden.

“A democracy cannot function where legal processes are weaponised to delay accountability while the public carries the financial burden.” 

The political pressure on Ramaphosa intensified after the Constitutional Court of South Africa ruled that Parliament acted unlawfully when MPs voted against adopting the panel’s findings.

Following that judgment, National Assembly Speaker Thoko Didiza appointed a 31-member impeachment committee to reconsider the matter.

BOSA said Ramaphosa should stop pursuing prolonged legal challenges and instead fully submit to Parliament’s impeachment process.

“If President Ramaphosa maintains his innocence, then the appropriate course of action is clear. He must subject himself fully to Parliament’s impeachment committee and allow the process to reach its conclusion without unnecessary obstruction or prolonged legal diversion.”

Solomons said that restoring public trust in the matter would require complete transparency before Parliament. 

“Parliament’s impeachment process must proceed without obstruction. Only through full transparency and accountability before Parliament can this matter be resolved once and for all,” he added.

The Star

masabata.mkwananzi@inl.co.za