‘I will not resign’, Ramaphosa says

President Cyril Ramaphosa said he will not resign despite a Constitutional Court ruling on the Phala Phala matter and the initiation of parliamentary steps towards an impeachment inquiry, maintaining that nothing in the judgment requires him to step down.

Addressing the nation on Monday, Ramaphosa said: “I therefore respectfully want to make it clear that I will not resign.”

He said the ruling by the Constitutional Court had generated “much commentary, debate and speculation” and had contributed to “concern and uncertainty in the country over the last few days.

“When I assumed the office of President of the Republic of South Africa, I said that it was a responsibility that I would discharge with the greatest of care,” he said. “I said that it was a responsibility that I would undertake mindful of the needs, aspirations and expectations of the people of this land.”

“I pledged that I would serve you, the people of South Africa. I said that I would work with you, side by side, to build the South Africa that we all want and deserve.”

This comes as political parties including the Economic Freedom Fighters (EFF), African Transformation Movement (ATM) and others have called for Ramaphosa’s resignation following Friday’s judgment.

After a 14-month delay, the apex court ruled in favour of the EFF and the African Transformation Movement when it found that parliament acted unlawfully when it voted in December 2022 to reject the Section 89 independent panel report on Ramaphosa’s Phala Phala scandal.

The independent panel, chaired by retired Chief Justice Sandile Ngcobo, found prima facie evidence that Ramaphosa may have committed serious constitutional violations linked to the Phala Phala scandal.

Its findings included concerns over the possession of large amounts of undisclosed foreign currency of questionable origin; Ramaphosa’s alleged involvement in private business activities, potentially in breach of Section 96(2)(a) of the Constitution; his failure to report the theft to the Directorate for Priority Crime Investigation as required under the Prevention and Combating of Corrupt Activities Act; and the alleged abuse of his office through a secretive investigation, including seeking assistance from the Namibian president to apprehend a suspect.

The Constitutional Court found that the National Assembly’s 214-to-148 vote to reject the panel’s findings was irrational and inconsistent with the Constitution.

Ramaphosa said he accepted and respected the Constitutional Court’s ruling. “I reiterate my firm commitment to the Constitution, the independence of the judiciary and the rule of law.”

The president noted that the Constitution provides a clear process for dealing with allegations of serious misconduct against a sitting head of state, balancing accountability with protection against politically motivated abuse.

“I have indeed cooperated with all investigations and enquiries into the matter,” he said. “And I will continue to cooperate with all institutions that are mandated to deal with these matters.”

He said that when the independent panel submitted its report in December 2022, he had disagreed with its findings and reasoning.

“No evidence, let alone sufficient evidence, has been presented to prove that I committed any violation, let alone a serious violation of the Constitution or law, or serious misconduct as set out in the Constitution,” he said.

Ramaphosa stated that he had initially considered taking the panel’s report on review but did not proceed at the time because parliament had already taken a decision not to refer the matter to an impeachment committee.

He said he had, however, reserved his right to institute review proceedings should circumstances change.

Following the Constitutional Court ruling, Ramaphosa said he had therefore decided, on legal advice, to proceed with an expedited review of the independent panel’s report.

“On the basis of advice from my legal team and as envisaged by the Constitutional Court when it said ‘unless and until the report is set aside on review’, I have therefore decided to proceed to take the independent panel’s report on review on an expedited basis.

“The Constitutional Court made no finding of any kind regarding my alleged conduct,” he said.

He added that the court had not determined whether there was prima facie evidence of misconduct, nor whether any alleged conduct would justify impeachment or removal from office.

Ramaphosa said resignation was not required by the ruling and would be inappropriate under the circumstances.

“To do so would be to pre-empt a process defined by the Constitution,” he said. “To do so would be to give credence to a panel report that unfortunately has grave flaws. To do so would be to abdicate the responsibility that I assumed when I became President of the Republic.”

Despite the political uncertainty, Ramaphosa said he remained confident about the country’s future. “I am confident and full of hope about the future of our nation,” he said.

“I will remain in your service and will continue to act in your interests and in the interests of our diverse and remarkable nation.”