In an unprecedented move that even former president Jacob Zuma did not make during the height of his troubles, President Cyril Ramaphosa has abruptly called off a scheduled session for his oral reply to questions in the National Council of Provinces on Thursday. 

On Wednesday, former Chief Justice Sandile Ngcobo handed over the Section 89 Independent Panel report to the Speaker of Parliament, Nosiviwe Mapisa-Nqakula, on whether Ramaphosa should face an impeachment inquiry over the Phala Phala saga. 

The report found that Ramaphosa has an impeachment case to answer over serious violations of the Constitution for exposing himself to a conflict of interest, doing outside paid work and contravening the Prevention of Corrupt Activities Act. 

A letter by Dr Gerhardus Willem Koornhof, a parliamentary counsellor to Ramaphosa, seen by Daily Maverick, stated that the Section 89 Independent Panel process has been unprecedented in South Africa’s constitutional democracy and that the panel’s recommendations and their implications for the stability of the country required that the President take time to carefully consider the contents of the report and the next course of action.

“In light of the above, we sincerely apologise and regret to inform you that President Ramaphosa will no longer be available to present himself to the NCOP on 01 December 2022,” reads the letter. 

This would have been Ramaphosa’s first public appearance after the release of the report. 

Read in Daily Maverick: “Damage: With Ramaphosa in fight for his political life, the ANC has only bad, worse and terrible options”

Parliament spokesperson Moloto Mothapo confirmed that the chairperson of the NCOP, Amos Masondo, had received correspondence from the Presidency requesting deferment of his appearance before the council, which was scheduled for Thursday afternoon.

The NCOP is one of the two houses of Parliament and is constitutionally mandated to ensure that provincial interests are taken into account in the national sphere of government. This is done through participation in the national legislative process and by providing a national forum for consideration of issues affecting provinces. The NCOP is made up of 54 members of Parliament, the majority of whom (29) are from the ANC. 

Opposition parties react

Meanwhile, opposition parties and some Cabinet members wasted no time in demanding Ramaphosa’s resignation. 

The report also sent shockwaves among Ramaphosa supporters. 

DA Federal Leader John Steenhuisen said his party would invoke Section 50(1) of the Constitution and call for an early election. This section makes provision for the dissolution of the National Assembly before the expiry of its term. This will, however, need support from the majority of MPs, which is unlikely to happen because the ANC will want to avoid having its president removed from office by another party. 

“If President Ramaphosa is recalled now, we’ll end up with a corrupt President Mabuza,” Steenhuisen said.

“If President Ramaphosa survives until their elective conference but is defeated then, we could end up with a corrupt President Mkhize.

“But there is one more option available to voters, and thankfully the authors of our Constitution had the foresight to include this in the document. That option is for a simple majority of 50% +1 of the National Assembly to vote for the dissolution of government, which would then trigger an early election.” 

Steenhuisen said the Phala Phala scandal was not just about President Ramaphosa and his fitness to hold office – “it has the potential to change our entire political landscape and usher in a new chapter for our country.”

UDM leader Bantu Holomisa was among the first to call for Ramaphosa’s head. “There is no further need for Parliament to interrogate the matter given the recommendations of the panel,” he said. 

“President Ramaphosa would be well advised to leave his office without any further prompting. South Africa cannot afford another scenario where the nation and the world is focused on the misdeeds of our President.” 

Chief Whip of the official opposition Siviwe Gwarube said the independent panel confirms that Ramaphosa has broken the law. “This is a defining moment for our constitutional democracy and must not be taken lightly.

“The panel makes some serious findings against the President, chief among them being that he may have violated the Constitution. These are grounds for impeachment proceedings in Parliament. This is exactly why our focus must now be on the parliamentary process.” 

Read in Daily Maverick: “Report handover to Parliament — Ramaphosa denies Constitution violations, Arthur Fraser’s allegations”

The EFF said the findings are tantamount to a betrayal of South Africa by a man who has been entrusted with upholding, defending and advancing the country’s laws.

“It is of more concern that the panel has found that Ramaphosa deliberately had the intention to conceal the crime, by asking Namibian policing authorities to handle the investigation of the crime with discretion. The EFF calls for Cyril Ramaphosa to step down as the President of South Africa and avoid further putting South Africa in the same ranks of a criminal underworld which launders money, tortures human beings and conceals crimes through thuggery and deceit.” 

Minister of Cooperative Governance and Traditional Affairs Dr Nkosazana Dlamini Zuma, speaking on Power to Truth with Professor JJ Tabane, also called for Ramaphosa’s resignation. “I think the President has to step aside now and answer to the case.” 

I think the President has to step aside now and answer to the case #PowerToTruth

— Dr Dlamini Zuma (@DlaminiZuma) November 30, 2022

Good party member Brett Herron said while the panel’s report is not conclusive evidence of wrongdoing on the part of the President, it is a massive setback for his and South Africa’s integrity and progress at a time that the country should be focused on the provision of socioeconomic and environmental justice.

“The truth of events at the President’s farm are still to be thoroughly examined, and possibly tested through oral evidence. From the statements he has made, the President clearly believes the allegations against him are defendable in law. But he is not yet on trial. In the meantime, the alleged events will continue to be weaponised by the President’s enemies inside and outside his party.

“Just about the only positive we can find from the whole sorry saga is the Independent Panel’s freedom to have made adverse findings against a seated president, a victory for our constitutional democracy,” Herron said.

The report arrived as Ramaphosa was seemingly well on course to secure a second term as ANC president. 

Read in Daily Maverick: ANC Elects 2022

As it stands, should the President resign, Deputy President David Mabuza is the next in line, unless the ANC decides to choose another Cabinet minister or member of Parliament. 

The EFF has already said it will write to the Speaker of Parliament to request a secret ballot on a motion of no confidence in Ramaphosa on 6 December 2022.

A vote on whether to institute impeachment proceedings against the President requires a 50% majority. The ANC holds that majority and without its vote, the President will survive a vote of no confidence. 

Other parties will hope that the ANC in Parliament will put party interests aside and vote with them, which is unlikely to happen. DM