Cyril Ramaphosa has filed a formal application in the Western Cape High Court seeking a review of the controversial Phala Phala Independent Panel report.
In the 63-page application lodged on Tuesday, Ramaphosa asked the court to review and set aside the panel’s findings, particularly the recommendation contained in paragraph 264 of the report.
The independent panel, appointed by the National Assembly of South Africa and chaired by former Chief Justice Sandile Ngcobo, concluded in late 2022 that evidence before it disclosed prima facie indications that Ramaphosa may have committed a serious violation of the Constitution and exposed himself to a conflict of interest between his official duties and private business interests.
The findings formed part of the parliamentary process that later triggered impeachment proceedings against the President.
However, in court papers, Ramaphosa argued that the panel misunderstood and exceeded its mandate in several respects.
He contended that the panel relied heavily on hearsay evidence and failed to properly apply the law when reaching its conclusions.
“Save for the limited evidence I introduced in my response, there was no evidence before the panel,” Ramaphosa stated in the application.
The President also questioned how the panel obtained certain material, including a confidential Namibian police report and an audio recording, suggesting the information may have been acquired unlawfully.
Ramaphosa further alleged that former spy boss Arthur Fraser who first laid criminal charges relating to the alleged theft at the Phala Phala farm, based his claims on “speculation, fiction and conjecture”.
The application follows a recent ruling by the Constitutional Court of South Africa, which found that the National Assembly had acted unlawfully when it voted against adopting the independent panel’s report.