Ramaphosa: I will not resign

Pres. Cyril Ramaphosa said from the Union Building in Pretoria on Tuesday that he will not resign and that he will review the independent panel’s report on the Phala Phala matter.

In his address to the nation, Ramaphosa said the Constitutional Court’s ruling on the parliamentary process for the possible removal of a president from office had led to “comment, debate and speculation”. He said that in the last few days there has been great concern and uncertainty in the country after the verdict.

The court found that certain aspects of the National Assembly’s rules on the process for removing a president from office are contrary to the Constitution. The court also ordered that the report of the independent panel be referred to the National Assembly’s impeachment committee.

The case stems from the report of an independent panel appointed by the National Assembly in September 2022 to conduct a preliminary investigation into allegations against Ramaphosa. These allegations are related to the theft that took place on his farm in February 2020.

According to Ramaphosa, the panel found that the information presented to him prima facie indicates that he may have committed serious misconduct and seriously violated the Constitution. The panel also found that he may have acted in a manner inconsistent with his office and may have exposed himself to a conflict between his official responsibilities and his private business interests.

The National Assembly voted on 13 December 2022 not to refer the panel’s report to an impeachment committee. The Constitutional Court has now ruled that this vote must be set aside.

“I accept and respect the Constitutional Court’s verdict,” said Ramaphosa. He also reiterated his commitment to the Constitution, the independence of the judiciary and the rule of law.

Ramaphosa said that since the verdict he has reflected on what it means for the country, the rule of law and the office he holds. He said the Constitution remains in times of uncertainty and contradicts the country’s guidelines.

He maintained that since a criminal complaint was filed against him in June 2022, he has consistently said that he has not stolen public money, committed any crime or violated his oath of office. He said he has cooperated with all investigations and inquiries and will continue to do so.

Ramaphosa said he did not proceed with a review application at the time because the National Assembly had already made a decision on the matter, which he said meant the panel report had no practical or legal effect.

However, he said the court ruling now means that the panel’s report is legally binding again, as it must be placed before the impeachment committee.

“Based on advice from my legal team, and as foreseen by the Constitutional Court when it said ‘unless and until the report is set aside on review’, I have decided to urgently review the independent panel’s report,” said Ramaphosa.

He said he did so not out of contempt for parliament or its processes, but to confirm that such findings must be legally and factually correct, especially where parliament’s work would be based on such a report.

Ramaphosa said there are requests that he should resign, but that nothing in the Constitutional Court’s ruling compels him to resign from office.

“The Constitutional Court made no finding of any kind regarding my alleged conduct. The court made no finding as to whether there was prima facie evidence of misconduct, nor that the alleged conduct, if proven, would justify impeachment and the removal of the president from office.”

He said he wanted to make it clear that he would not resign.

“To do so would be to pre-empt a process defined by the Constitution. To do so would be to lend credibility to a panel report that is unfortunately seriously flawed. To do so would be to abdicate the responsibility I assumed when I became President of the Republic.”

Ramaphosa said there is still a lot of work to be done and that he intends to complete the mandate given to him. He concluded with the words: “I’m just staying here and I’m not going to resign.”