South Africa’s Constitutional Court has dismissed President Cyril Ramaphosa’s application to set aside an independent panel’s report to parliament that recommended that he had a case to answer over the alleged cover-up of a robbery at his farm three years ago.
The court on Wednesday said Ramaphosa had not made a case for going directly to the apex court when he sought to set aside the report which confirmed his financial dealings at his Phala Phala farm in Limpopo province.
The president went to the Constitutional Court on the basis that his application was within its exclusive jurisdiction, saying the independent panel conducting its preliminary inquiry was fulfilling a constitutional obligation of parliament.
And in terms of the constitution, only the apex court may decide whether or not parliament had failed to fulfil a constitutional obligation, the president said.
Alternatively, he argued that it was in the interests of justice to be granted direct access to the highest court.
However, in a brief order on Wednesday, the apex court said that “no case has been made for exclusive jurisdiction or direct access.”
The case must therefore be dismissed, it ruled.
Presidential spokesperson Magwenya, however, downplayed the setback, telling journalists late Wednesday that the judgment only dealt with a procedural matter with respect to the president seeking direct access to the Constitutional Court.
“The judgment does not pronounce on the merits of the case,” the spokesperson said.
He added: “It just says there is no case for the Constitutional Court to be petitioned directly. I have heard some say that it is a blow to the president. It’s not a blow to the president.”
He insisted that the parliamentary report “remains flawed and needs to be challenged (in court).”
“What will happen now is that the legal team will convene and map the way forward and consider the options,” Magwenya told reporters.
NM/jn/APA