The Fight Is On: Ramaphosa intends to challenge the Ngcobo Panel Report

This story has been updated.

Presidency spokesperson Vincent Magwenya has confirmed to Daily Maverick that President Cyril Ramaphosa is leaning towards challenging the findings of  Section 89 Independent Panel.

“The president is seriously considering taking the Setion 89 panel report for review. It may be in the long-term interest and sustainability of our constitutional democracy, well beyond the Ramaphosa Presidency that such a clearly flawed report is challenged, especially when it's being used as a point of reference to remove a sitting Head of State,” Magwenya said. 

Magwenya's confirmation comes after a National Executive Committee (NEC) source told Daily Maverick that Ramaphosa was surrounded by his close allies when he made the decision not to take the outcomes of the Section 89 Independent Panel lying down. The likes of NEC member Derek Hannekom and party head of elections Fikile Mbalula were said to be by his side when he made the final call.

The president’s circle has been against him resigning despite the seriousness of the allegations which have been levelled against him.

https://www.dailymaverick.co.za/article/2022-12-02-a-flawed-report-and-dangerous-precedents-why-president-cyril-ramaphosa-should-not-resign/?utm_source=top_reads_block&utm_campaign=maverick_news

If Ramaphosa were to step down, many of his allies who have been part of his executive, including Minister in the Presidency Mondli Gungubele, Finance Minister Enoch Godongwana and Minerals and Energy Minister Gwede Mantashe, would also lose.

ANC NEC member and Water and Sanitation Minister Senzo Mchunu is one of the senior ANC members who told Daily Maverick that Ramaphosa should rather allow processes to play out and avoid acting with haste.

In an interview on Thursday, Mchunu said: “President Cyril Ramaphosa should be given space to apply himself. What emerges from here will determine what he says to the NEC and nation.”

Ramaphosa’s decision comes amid a failed ANC NEC meeting which was supposed to take place on Friday afternoon. While the members gathered at the Nasrec Expo Centre in Soweto, the president was at home, according to Magwenya.

In addition to this, the organisation’s treasurer general Paul Mashatile said the meeting was called without an official report from the top 6 officials and National Working Committee (NWC), which is procedurally incorrect.

Magwenya dismissed perceptions that the president had snubbed the NEC, saying Ramaphosa had told Mashatile that he would not be present.

“The president was in Joburg yesterday. He flew back from Cape Town on Thursday evening. Before the start of the meeting, he spoke to Mashatile and they agreed that since he was going to be the subject of discussion at the special NEC, it is best that he does not attend,” Magwenya said.

This is despite reports that state that NEC members were caught off guard about Ramaphosa being absent at the meeting. 

The ANC issued a statement this morning, saying that they would now be holding their Special NEC meeting on Sunday 4th December.

https://www.dailymaverick.co.za/article/2022-12-02-summoned-and-frustrated-anc-necs-meeting-cut-short-after-ramaphosas-no-show/

Ramaphosa has been under fire since the outcomes of the Section 89 Independent Panel were leaked to the public. Calls for him to resign come as the panel led by retired Judge Sandile Ncgobo found that there is prima facie evidence that he may have violated the Constitution and may have abused his powers.

The panel said he has a case to answer. This could pave the way for his possible impeachment, a charge which has been led by some opposition parties in Parliament.

The report particularly pointed out that Ramaphosa could be guilty of  breaching the laws under the Preventing and Combating Corrupt Activities Act 12 of 2004, which places an obligation on persons in positions of authority who know or ought reasonably to have known or suspected that any other person has committed an offence (including the offence of theft involving an amount of R100,000 or more), to report such knowledge or suspicion.

The panel states that Ramaphosa was supposed to report the Phala Phala burglary and that there is a suggestion that he deliberately intended not to investigate the commission of the crimes committed at the farm. DM