Experts pour cold water on CR's review application
Some ANC MPs are planning to defy their party’s order to vote against adopting the Phala Phala report. At the same time, legal experts have weighed in on the prospects of President Cyril Ramaphosa’s review application to the Constitutional Court, saying it is doubtful that the report is reviewable.
As previously reported, Parliament’s debate and vote on the section 89 panel report, which found the President had a case to answer, is scheduled to take place next week with all 400 MPs of the National Assembly expected to be at the sitting.
The Citizen notes that while some ANC MPs have spoken out in support of Ramaphosa, others members – such as Mervyn Dirks – have supported calls for the President’s impeachment.
Dirks said he will vote along with the opposition in favour of adopting the panel’s report, despite the ANC’s NEC on Monday resolving that its caucus must reject the report.
‘The panel’s report is very clear that the President’s answers were unsatisfactory and I believe, therefore, he should resign,’ he said, adding that ‘the ANC did not send me to Parliament to go and do unethical things’.
Others ANC MPs who have called for Ramaphosa’s resignation include Co-operative Governance & Traditional Affairs Minister Nkosazana Dlamini-Zuma, former North West Premier Supra Mahumapelo and Tourism Minister Lindiwe Sisulu.
For the National Assembly to approve the panel’s report, a simple majority is needed when voting takes place on Tuesday.
Opposition parties currently have a collective 170 seats and would need 31 votes from the ANC’s 230 members to achieve the 50% plus one threshold.
A cursory look at the list of ANC MPs in Parliament shows about 15 members that might vote in favour of adopting the report.
A TimesLIVE report notes that Cosatu believes those calling for Ramaphosa to resign are jumping the gun. Cosatu said the report has not been properly processed to the point where it demands the fall of the President.
‘We believe the calls for the President to step aside are premature, considering the report is yet to be subjected to scrutiny and has not been processed and finalised,’ the trade union federation said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
