President Cyril Ramaphosa’s decision to revive a judicial review of the Section 89 Independent Panel Report has drawn sharp condemnation from the EFF, which has accused him of exploiting legal mechanisms to evade accountability.
Ramaphosa, in an address to the nation on Monday evening, confirmed he will proceed with his initial plan from 2022 to challenge the independent panel’s findings in the Phala Phala matter.
No resignation
He insisted he would not resign, saying: “Since a criminal complaint was laid against me in June 2022, I have consistently maintained that I have not stolen public money, committed any crime, nor violated my oath of office.
“I therefore respectfully want to make it clear that I will not resign. To do so would be to pre‑empt a process defined by the constitution.”
‘Accountability’
The EFF, however, dismissed the move as a calculated attempt to delay accountability. In its statement, the party branded Ramaphosa’s renewed challenge “fundamentally opportunistic, dishonest, and indicative of a President who has no genuine commitment to transparency, accountability, or constitutional governance.”
It argued that Ramaphosa’s conduct exposes a leader who acts on “political convenience and self‑preservation” rather than constitutional principle.
The party pointed out that Ramaphosa had initially filed a review application in December 2022 after the panel found prima facie evidence that he may have violated the constitution and his oath of office.
Impeachment
It said once the ANC used its parliamentary majority to block the impeachment process, Ramaphosa withdrew the application, believing the matter had been politically buried.
Now, nearly four years later, after the Constitutional Court declared the ANC‑led parliamentary process unlawful and ordered that the report be properly referred for an impeachment inquiry, Ramaphosa has revived the legal challenge.
Opposition
EFF spokesperson Sinawo Thambo said the party will oppose the review application in court and demand that the hearing be urgent.
“The EFF will therefore join the review application in opposition to President Ramaphosa and will demand that the matter be treated with urgency on the court roll, precisely because it concerns a matter of profound national importance,” he said.
“The Constitutional Court itself has already recognised the seriousness and constitutional significance of this matter, and it cannot now be subjected to endless legal delays orchestrated by a compromised President seeking political survival.”
‘Legal manoeuvres’
The EFF further stressed that Ramaphosa’s legal manoeuvre should not impede parliament’s impeachment process.
The party expects Speaker Thoko Didiza to continue establishing the impeachment committee and provide clear timelines.
“It cannot be permissible for a President to indefinitely frustrate constitutional accountability processes merely by initiating litigation whenever accountability becomes imminent,” Thambo said.
Resign
Thambo added that Ramaphosa should step aside if he had “any conscience, political integrity, or respect for the people of South Africa.”
“If Cyril Ramaphosa had any conscience, political integrity, or respect for the people of South Africa and the constitutional order he swore to uphold, he would resign and allow the country to move forward.”
The EFF maintains that Ramaphosa must be held accountable in line with the constitution and the rule of law, warning that South Africa cannot afford further delays in resolving the Phala Phala scandal.
