The African National Congress (ANC) National Executive Committee (NEC) has thrown its weight behind President Cyril Ramaphosa’s decision to seek a judicial review of the Section 89 independent panel’s report into the Phala Phala matter.
On Monday, President Ramaphosa announced he would challenge the findings of the panel, chaired by former Chief Justice Sandile Ngcobo, which determined that he had a case to answer. The ANC NEC statement supports this move, framing it as consistent with accountability processes.
Political analyst Professor Seo Cipe, speaking on the developments, said the ANC’s response was not surprising. “The first thing that the ANC will normally do in these situations is to rally and close ranks because in its view it cannot outsource the responsibility of either appointing or removing its presidents,” he noted.
Professor Cipe described the ANC’s statement as self-serving and dishonest for failing to acknowledge the party’s earlier actions. He pointed out that the ANC had used its majority in December to prevent the panel report from being referred to the impeachment committee, effectively sidelining it at the time.
The analyst noted that President Ramaphosa had initially been satisfied when the report appeared “dead in the water” after the ANC’s intervention. However, following a Constitutional Court ruling that the process was incorrect, the party now faces the need to allow proper ventilation of the issues.
According to Professor Cipe, the report remains valid and sustained until it is reviewed by a court. This creates a parallel situation where Parliament could continue with impeachment proceedings while the judicial review unfolds. He suggested the ANC may be hoping the review process introduces delays that could extend beyond the President’s current term.
The professor further indicated that the party appears to anticipate the impeachment committee—given its composition—might shield President Ramaphosa from cross-examination and potentially conclude the process without further action.
On the political implications, Professor Cipe warned that the Constitutional Court judgment has revived the issue, leaving President Ramaphosa politically compromised. He described the panel report as damning, stating it suggests the President may be guilty of serious violations of the Constitution and the law, and may have acted in a manner inconsistent with the expectations of his office.
Professor Cipe criticised the ANC for claiming consistent support for accountability, noting that the party, along with the then-Speaker, had opposed efforts by the EFF and ATM to advance the matter. He said the court’s ruling highlighted that the ANC’s approach was not aligned with the constitutional position taken by other parties in the National Assembly.
The developments are expected to influence political dynamics, including within the Government of National Unity (GNU), as parties and the public scrutinise the content of the report more closely.
