THE Hola Bon Renaissance Foundation has agreed to postpone its urgent application to overturn acting Public Protector Kholeka Gcaleka's report exonerating President Cyril Ramaphosa in the theft of foreign currency on his Phala Phala farm.
The non-profit organisation hauled Gcaleka and Ramaphosa to the North Gauteng High Court in a bid to review and set aside her report released in June.
Gcaleka cleared the president of allegations of violating the executive ethics code and abuse of power by utilising the police’s presidential protection service to investigate housebreaking and theft of $580 000 (about R8.8 million at the time the money was stolen), which was said to be proceeds of the purchase of buffalo at his Phala Phala farm in Limpopo in February 2020.
On Wednesday, the foundation’s lawyers, Zehir Omar Attorneys, told legal representatives of parties involved in the matter that Gcaleka’s legal team had agreed to remove the matter from the urgent roll ahead of the October 17 hearing and that they had done the same.
”Please confirm that upon closure of pleadings of this matter as well as that of the African Transformation Movement (ATM), we may approach the Deputy Judge President (Aubrey Ledwaba) for a special assignment, preferably two judges,” stated the latter.
The HBR Foundation and the ATM challenged Gcaleka’s report at the North Gauteng High Court in July.
Since the foundation filed its urgent application, its legal representatives have accused Gcaleka of failing to respond to the organisation until her lawyers, Moeti Kanyane Attorneys, sent a letter last week.
In the letter, Kanyane threatened to seek a costs order against the foundation. The foundation’s lawyers accused Gcaleka of conduct unbecoming of her office.
”Your client, the Acting Public Protector, first denied having been served with the application. This despite clear proof appearing from the sheriff’s return of service that the urgent application set down for October 17, 2023 has indeed been served upon your client,” reads the letter dated October 6.
According to the foundation’s attorneys, the time period set by the rules of the High Court has long expired without Gcaleka filing an affidavit justifying her complete exoneration of Ramaphosa in the Phala Phala scandal.
”Your client’s affidavit in which she justifies her findings is needed, especially because your client (acting Public Protector) contradicted the findings of the Section 89 panel headed by former Chief Justice (Sandile Ngcobo) and two senior legal minds,” reads the letter.
The foundation’s lawyers continued: “File your client’s answering affidavit. Don’t make threats of costs against our client”.
Strangely, on August 19, Gcaleka’s acting spokesperson, Ndili Msoki, responded to an inquiry by the Sunday Independent on whether she would be opposing the HBR Foundation and ATM’s review applications, and confirmed their receipt and that the institution was considering its legal position and would, thereafter, determine its course of action.
In its court papers, the foundation accused Gcaleka of having misdirected herself by failing to have regard to the independent Section 89 panel appointed by Parliament to investigate the matter.
The panel concluded that Ramaphosa could have, prima facie, committed various offences, including serious violations of the Constitution, by acting in a way that is inconsistent with his office.
The panel also established that Ramaphosa committed serious violations of the Prevention and Combating of Corrupt Activities Act as well as serious misconduct by acting in a way that is inconsistent with his office.
In addition, Justice Ngcobo found that the president had committed serious misconduct by violating the Constitution by exposing himself to a situation involving a conflict between his official responsibilities and his private business.