Phala Phala Farm Report: South African parliament vote against impeachment proceeding on Cyril Ramaphosa

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South African parliament votes on Phala Phala Farm report
President Cyril Ramaphosa of South Africa

 

Hon. Nkosazana Dlamini-Zuma, ANC votes yes

You are enemy of SA constitution,  Malema tells President

Emmanuel Ukudolo l Tuesday, December 13, 2022

 

CAPE TOWN, South Africa – The African National Congress (ANC) dominated South African National Assembly today shoved aside national interest and voted against adoption and of section 89(1) of the Phala Phala Farm Report.

Section 89(1) of the reports states that there is prema facie evidence that President Cyril Ramaphosa may have committed serious constitutional violation following the theft of over $4 million by robbers in February 2020, in collusion with a domestic worker, at the President’s Phala Phala farm in Waterberg, Limpopo. Ramaphosa had told the panel that the money was proceed of a sale of Bufalloes to a Sudanese national he identified as “Mr Mustafa Mohamed Ibrahim Hazim

The Panel chaired by retired Chief Justice Sandile Ngcobo observed  that Ramaphosa was not being truthful when he declared that only $580 000, about  R9.5 million was stolen.

Prior to opening the floor for the voting process, the Speaker Nosiviwe Mapisa-Nqakula ruled against secret ballot, which many opposition members believed will safeguard integrity of the process as against voting under duress which the public manual vote adopted by the speaker offers. Two third majority YES votes was required for parliament to proceed with the Phala Phala Farm report.  But by a vote of 214 No against 148 yes, the parliament voted against proceeding on impeachment of the President, while two members abstained.

“Therefore section 89(1) will therefore not be proceeded against. That concludes the business of the day, the parliament stands adjourned”, the speaker ruled.

Earlier,  some members like Hon. Julius Malema and the D8 however protested alleged change of rules along the way when the speaker decided to allow MPS to change their votes if they so desire. But that those who did not vote could be called to vote.  The Speaker made corrections when it was brought to her notice since it was outside the rules for manual voting process.

However, some members of the ANC, who are females stood out, voting Yes  for parliament to proceed on impeachment of the President. Leading the pack is Hon. Nkosazana Dlamini-Zuma.

Addressing parliament before commencement of voting, Hon. John Henry Steenhuisen accused the ANC of sellout the way he said the ANC sold out in allegations of corruption against former presidents.

“Today is about letting due process take place and putting in forefront the big question yet to be answered. Not to defend a leader who does not want to be accountable”, he said, stressing that South Africa is facing electricity crisis, unemployment crisis as well as many other problems.

“You do have a choice to make and the world is watching you in the decision you make, vote in favour of this daunting report”, he said.

Hon. Julius Malema directed his attack on the President.  “Mr. President I must begin by celebrating my deepest disappointment in you. You vowed to hold the tenets of Nelson Mandele, uphold the constitution, today you stand as the greatest enemy of the constitution by your resolve to take South African Parliament to court, you have engaged in activities that characterize criminals.

“You reluctant to allow inquiry into Phala Phala farm is shocking and concerning. It is concerning that you did not want South Africans to known what has happened. Instead of allowing the impeachment to clear your name, you have violated the constitution. It is clear that you did not declare millions you kept in your safe. It is clear your answer on Phala Phala farm keeps changing depending on your audience”, he said, stressing that he warned the President against surrounding himself with people who will not tell him the truth.

“Mr. President I warned you about surrounding yourself with people who want to protect their stomach because they will never tell you the truth.  You have engaged in questionable thing such as money laundering.  We are tasking you that the white monopoly you use will cast you aside, you have cast away your legacy, you are now an enemy of South African  constitution, you will from today be treated as a constitutional delinquents. What if the South African President becomes a spy and fails to hold one individual accountable who has failed to defend the constitution, history will judge you harshly”, he said.

Hon. Inkosi Mzamo Buthelizi was very direct, “we support recommendation of the independent panel. He commended the committee. Parliament should set in motion process for impeachment. South Africans cannot trust the president anymore.

“Ramaphosa was the only hope we had in the ANC, if he is not exonerated, we fear what will come next. It becomes clear that there is no leaders in ANC whom we can trust.

Also speaking, Dr.  Pieter Groenewald however said the position  of the president  is not in the best interest of South Africa but in the best interest of himself and the ANC.

“The president is expected to respect the constitution of SA. If he had he would have made himself accountable to the national assembly. The people of SA have said the national assembly has failed to hold the president accountable. You can go to the constitutional court, but the president has said there was money in his farm, the exact money in foreign currency is immaterial”, he said stressing that what the South Africans want is answer to commonsense questions such as why the President failed to disclosed the incident since it occurred.

Rev Kenneth Moshoe said it is regreatable that that request for secret ballot was not granted because some ANC fear they will loose their seat if they vote in favour of the report.

For him, the President must  tell parliament why the theft of the money was not reported, and unveil identity of the Sudanese involved.  “Did he receive the money and was the money declared at point of entry? We called on ANC  to vote for accountability, responsibility without fear or favour

Gen Bantu Holomisa said  United Democratic Party supports the panel but the panel  but that the panel did not help the capacity to call for witness. “The 4 characters mentioned in the report must be given the opportunity to  tell their story, the fact that there was a large amount of money hidden in the president’s farm.  Section 89 has found that the president has a case to answer, so let there be full inquiry by the parliament to which the president is constitutionally accountable”.

For Hon. Zungula,  nobody is above the law, but that some institution are now proving to be above the law.

“It is only parliament that is empowered to investigate the constitutional infringement by the president,  the independent panel said there may be violation of the constitution, the committee may not agree with the report and the case may be close.

“How can a parliament reject report whose members it appointed to investigate. The president is escaping his constitutional responsibility, he cannot be president if he does not want accountability. If the President  has done nothing wrong why do his support say he should not be investigated.  He urged parliament to vote in support of accountability, vote in support of oversight.

Hon. Brett Herron said the reports gives MPs the opportunity to break away from culture of impunity that it can fulfill its responsibility to hold the president to accountable.

He said nobody is above the law but that parliament must resolve that section 89 must stay but impeachment should be suspended and await the review by the president at the constitutional court.

Hon. Sheik Emam took his attack on the ANC “ WHAT we have is the panel report. ANC  is destroying the nation over their stand on thIS issue. What we have before us is a report and that report must be adopted today, what we must do is that we will not proceed with impeachment until the review by a constitutional court.

“If everybody is equal before the law, let us also give that right to the president to take his own review and that is what he is doing. All that is happening today is wasting millions of Rands. If we adopt it and it is implemented, the president will go to court and make it illegal. Lets wait for the review. The hate in your party is destroying the entire nation”, he said.

Ronald Lamola, the Minister of the correctional service, said  the president has the right to exercise his right.

“We are holding the president here accountable through this debate. The debate is the process of accountability”, but that the ANC will not agree with adoption of the report because 129 gb said Parliament can only commence impeachment if there is sufficient evidence.

“The panel said there is no sufficient evidence”, he said, adding that the panel report set the bar too low to impeach a sitting president.

“Sufficient evidence is primary factor on prema facie.  No ground to proceed with this debate therefore, we will not approve this report because it does not help what the rule say we must do”, and  urged MP to vote against adoption of the report because there is no sufficient evidence.

“We are not running away from the debate, he just took said that he does not agree with the report but did not interdict the parliament from continuing with the debate.

“If there is no impeachment evidence then we cannot proceed with the impeachment”, he said with applause from ANC MPs.

Steven Jafta explained that the president cannot bypass the constitution in the cause of performing his duty, stressing that there must be evidence to proceed with impeachment.

Willie Madisha referred to terms of  reference of the panel adding that the truth of what happened lies beneath unanswered questions.

According to him, the panel report is based on heresy. “Panel depended on the media”, adding that there is the need to apply both ethical and legal consideration.

Leader of Al-Jama-ah said he has mixed feelings about the report, while Siviwe Gwarube, Oposition Leader said the fact that the panel was set up by the parliament is the reason why the report must not be ignored.

“It is a vote to complete a process that we collectively embarked on. A vote to uphold the president and have the truth uncovered”, she said, adding that it is possible that a number of president men are implicated in the report based on the strong defence by the Minister of Justice and Correctional Services.

 

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