ActionSA has acknowledged President Cyril Ramaphosa’s constitutional right to challenge the Phala Phala panel report through legal channels, but simultaneously called on him to permit Parliament’s impeachment process to advance without interference.
In a statement, ActionSA Member of Parliament Lerato Ngobeni affirmed that the party respects the President’s decision to seek judicial review of the report, noting he is entitled to pursue justice as he sees fit. Ngobeni also commended the Speaker of the National Assembly for moving swiftly to constitute the impeachment committee in line with the Constitutional Court’s judgment.
However, Ngobeni emphasized that if President Ramaphosa truly has “nothing to hide,” as he has publicly maintained, he should allow the parliamentary accountability mechanism to proceed unimpeded. “The president is the number one citizen. He should be the number one ambassador of the constitution,” Ngobeni stated, adding that it is vital for South Africans to be assured that the country does not have a “constitutional delinquent” as its leader.
The ActionSA MP noted that the President had previously indicated his intention to take legal steps, including convening what was described as a “family meeting” to brief allies. While not surprised by the move, Ngobeni said the party is internally discussing its response should the President seek to interdict the impeachment committee. Legal options remain under consideration, though Ngobeni stressed that ultimately, “it will be the people of South Africa who will judge him.”
Ngobeni underscored the principle of separation of powers, cautioning that South Africa “cannot govern through the courts.” The Constitutional Court, as the highest court in the land, ruled that Parliament erred in its initial handling of the matter and must correct its process. ActionSA welcomes the Speaker’s efforts to constitute the parliamentary impeachment committee accordingly.
Addressing questions about the scope of the Constitutional Court’s ruling, Ngobeni clarified that the Court did not make a finding of guilt against President Ramaphosa personally, but rather found fault with the procedural approach taken by the previous administration. The purpose of the impeachment process, Ngobeni explained, is to test the veracity of an independent report which concluded the President may have a case to answer.
“The president should be able to account just like everybody else who accounts before portfolio committees,” Ngobeni said, referencing the precedent set by other public figures who have appeared before the Madlanga Commission. ActionSA maintains it is not presuming guilt or innocence, but insisting on a process led by respected legal minds to ensure accountability.
Drawing parallels to prior judgments such as the Nkandla matter, Ngobeni urged President Ramaphosa to subject himself to the same processes expected of other citizens. “If the president has nothing to hide, like he says he doesn’t, why duck and dive and try to interdict a process that’s just only trying to hold him accountable?” Ngobeni asked.
To date, President Ramaphosa has not provided Parliament or the public with a detailed account of the events that occurred at his Phala Phala farm in 2020. ActionSA maintains that allowing the constitutionally mandated process to unfold remains the clearest path toward restoring public confidence.
