The African Transformation Movement (ATM) has approached the Gauteng High Court, Pretoria seeking a declaratory order (a flexible remedy which can assist in clarifying issues of law expeditiously), that Acting Public Protector (PP) Koleka Gcaleka’s findings were inconsistent with the Constitution and invalid, and an order reviewing and setting it aside.
The ATM cited four crucial grounds in its bid to have Gcaleka’s report into President Cyril Ramaphosa’s Phala Phala saga reviewed and set aside.
Gcaleka’s report, released last month, cleared Ramaphosa of any wrongdoing related to his position in office and alleged abuse of his power in utilising state resources to investigate the theft at his private farm, among others.
The ATM’s court papers cited four broad concerning features of the acting PP’s investigation and findings.
These include the evidence of the lodge manager who they argue refused to be interviewed and that there was no evidence from the domestic worker.
They also cited Gcaleka’s alleged “failure to obtain necessary information from Sars (the South African Revenue Service)” and how the acting PP considered the evidence of the president.
“The acting PP closed her eyes to relevant and crucial information, which she herself accepts is relevant and crucial.
The fourth concerning aspect concerns how the acting PP considered the evidence of the president. The president’s own evidence established that he conducted ‘other paid work’.
The acting PP does not deal with the evidence that the president sourced buyers for the buffalo, that he informed Mr Ndlovu (lodge manager) of the price for the sale of the buffalo; that he gave instructions regarding the business operations, including instructions relating to the banking of funds.
“The court is required to consider whether the acting PP complied with the standard of an open and enquiring mind.
And in doing so, it will consider whether the acting PP was unduly believing of certain evidence; her reasons for not insisting on obtaining relevant evidence; and whether she attempted to obtain ‘all of the pieces of the puzzle’ necessary in order to arrive at the truth,” ATM president Vuyolwethu Zungula’s affidavit read.
Donda Attorneys managing director Melusi Xulu said: “The acting public protector stated that the president was not involved in any paid work and the ATM poses ... questions/views which are worth noting: How was the president aware of the potential buyers if he had not sourced the buyers for the buffalo?
The public protector does not seem to demonstrate why this does not show that the president was involved in the business? The question I personally have is, is the evidence not sufficient that the president was involved in paid work?”
Political analyst Professor Sipho Seepe said the matter had tainted Ramaphosa in this country and abroad. “The same applies with regard to the ANC, which has ensured that he remains unaccountable.”
The Phala Phala saga has also exposed the hypocrisy of the so-called civil society. The foundations, which usually project themselves champions of transparency, have chosen to be deafeningly silent,” he said.
Ramaphosa and the Office of the Public Protector did not respond to requests for comment by deadline on Tuesday.
Cape Times