President Cyril Ramaphosa is reported to have bypassed the party's National Executive Committee (NEC) in challenging the findings of the Section 89 Independent Panel report.
Image: Itumeleng English / Independent Newspapers
President Cyril Ramaphosa has allegedly bypassed the ANC National Executive Committee (NEC) to challenge the Section 89 Independent Panel report. This report suggests he may have committed a serious violation of the Constitution and the law concerning the Phala Phala farm scandal.
This is according to some members of the NEC, who said Ramaphosa did not consult with the NEC before announcing his decision on Monday.
This is despite the ANC backing Ramaphosa’s decision to stay in office, and challenge the Independent Panel report through an expedited judicial review.
The allegations surfaced ahead of the special NEC meeting this evening. The meeting follows the Constitutional Court’s (Concourt) ruling on the Phala Phala matter.
Ramaphosa on Monday announced that he will not resign and will instead launch an expeditious judicial review to challenge the report, defying calls for him to step down.
The decision follows a Concourt judgment that found Parliament acted unconstitutionally in 2022 when it allowed the ANC to use its majority to block an impeachment inquiry.
The court ordered Parliament to refer the report directly to an Impeachment Committee.
Following the ruling, opposition parties such as the EFF, MK Party, ActionSA, ATM, and the anti-Ramaphosa faction within the ANC demanded his resignation to ensure the integrity of the Presidency.
However, Ramaphosa stated that nothing in the apex court's judgment requires him to step down from office, adding that his decision was based on advice from his legal team.
The source in the NEC said Ramaphosa will have to explain his decision to ignore the NEC and make such an announcement without its consent.
“It was not supposed to be done that way, but it happened,” said the source.
The source said Ramaphosa discussed the matter with Gwede Mantashe, the ANC chairperson.
“I don’t know whether they met as friends or as former leaders of the National Union of Mineworkers (NUM).”
Before Ramaphosa’s announcement, Mantashe confirmed that Ramaphosa was relaxed and calm, adding that he would not resign following the Concourt ruling.
Mantashe added that the ANC prefers to let the parliamentary and legal processes run their course rather than force a resignation.
“Ramaphosa must explain to the NEC why he did not engage with them before making such an announcement. I hope he will explain, but I fear it may be a waste of time,” said the source, adding that this is how dictatorships operate
ANC spokesperson Mahlengi Bhengu-Motsiri could not comment by the time of publication.
Political analyst Kim Heller said these complaints signal a deeply troubling tendency within the top ANC leadership, adding that Ramaphosa and Mantashe seem to be increasingly sidelining and silencing the voice of the NEC.
“Monday’s announcement appears to have been made without meaningful prior consultation or organisational consensus - this has become the signature tune of Ramaphosa and his main protector, Mantashe. The disregard for and disrespect for constitutional protocols and processes are diminishing internal democracy within the ANC. It is a sad state for an administration that promised renewal and unity,” she said, adding that the ANC is not the private property of political elites and ordinary members should protest against this violation of internal democracy.
Another political analyst, Zakhele Ndlovu, said it was shocking that a party deployee is acting as if he holds a direct mandate, ignoring that it was the party, not him personally, that contested and won the election.
“That is shocking to say the least. He is the deployee of the party, and he can't act as if he won any election. It is his party that contested the elections and then deployed him. He should be charged for bringing the party into disrepute. And where is the ANC Integrity Committee in all of this?”
Meanwhile, the National Assembly Speaker Thoko Didiza has announced six key procedural steps to initiate an impeachment investigation following the Concourt judgment.