Pres. Cyril Ramaphosa. (Foto: Facebook/ Cyril Ramaphosa)
The FF Plus welcomed Friday’s ruling in the Constitutional Court on Phala Phala, but Dr. Corné Mulder, leader, says the party is concerned about the fact that with its ruling the court “to some extent erodes the separation of powers by prescribing to parliament how to manage its internal processes”.
The court decided that the independent panel’s report, which found that there was a prima facie case of serious violation of the Constitution or law by pres. Cyril Ramaphosa should be referred to a parliamentary committee for further investigation.
The existing rule, which requires that the National Assembly (NA) must first vote on or refer such a report to a committee, is therefore unconstitutional. The vote in December 2022, in which the ANC majority voted by 214 to 148 not to investigate the matter, therefore falls away as far as this matter is concerned.
Mulder says this therefore implies, according to the FF Plus, that the entire Article 89 process (the removal of the president) must be simplified.
“This means that the independent, expert section 89 panel, which must first investigate whether there is a prima facie case, is superfluous or superfluous. In the future, a motion of removal can go directly to a full parliamentary investigation committee without a preliminary section 89 panel having to investigate it and without the NA first having to vote on or such a panel’s report having to be investigated.
“The court therefore not only found what should happen – namely that the Phala Phala report should be investigated – but also how the process should proceed in the future.
“The FF Plus is uncomfortable about this.
“The court intervenes too much in the domain of the legislature (parliament) by prescribing procedures. It is in the interest of democracy that the legislature should be able to act independently and without interference.”