Cape Town – The African Transformation Movement (ATM) has reportedly taken legal action to challenge three paragraphs of advocate Kholeka Gcaleka’s Phala Phala report.
According to News24, Vuyolwethu Zungula, the president of ATM, filed the papers in the Gauteng High Court in Pretoria on Monday, listing Gcaleka’s office and President Cyril Ramaphosa as the first and second respondents.
Gcaleka’s report cleared Ramaphosa of any wrongdoing in relation to a burglary at his Phala Phala farm.
Zungula is seeking a court declaration that these three paragraphs in Gcaleka’s report are “inconsistent” with the Constitution and therefore “invalid”, the report said.
ATM initially filed a complaint with the office of the Public Protector accusing the President of breaching the Executive Ethics Code by exposing himself to any risk of a conflict between his constitutional duties, obligations and private interests, SABC reported.
The investigation into the scandal was launched in response to complaints filed by opposition party leaders and members of the public regarding a burglary at the president’s farm in 2020.
The Public Protector’s final report reaffirmed the preliminary findings that there was no evidence implicating Ramaphosa in the management of the farm or receiving any payments from it.
[BREAKING NEWS] Acting Public Protector Adv. Kholeka Gcaleka clears President Cyril Ramaphosa of wrongdoing in the Phala Phala farm matter.
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The report also stated that Ramaphosa had appropriately disclosed his interests in the farm and fulfilled his obligation to report the burglary to the police.
“Considering the evidence in its entirety and the application of the law, there is no basis to exalt such deliberations to a degree where it can be held that there existed a real or potential conflict of interests on the part of the president regarding his duty as the head of Cabinet and his interests in game and cattle farming at Phala Phala farm in violation of the Code,” said Acting Public Protector Kholeka Gcaleka on Friday during a media briefing.
She said that despite Ramaphosa’s admission to having other financial interests, this did not mean the president undertook paid work outside his office.
“Accordingly, the allegation that the president improperly and in violation of the provisions of the Executive Ethics Code exposed him to any risk of a conflict between his constitutional duties and obligations and his private interests arising from or affected by his alleged paid work at Phala Phala farm, is not substantiated,” Gcaleka said.
The investigation by the Public Protector did not cover criminal matters, which were being investigated separately by the Hawks.
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Compiled by Betha Madhomu
