EFF rejects the Gauteng High Court ruling on Ramaphosa and will appeal it with the ConCourt

10 March 2020

The EFF categorically rejects the ruling of the Gauteng North High Court which has absolved Ramaphosa from accountability as per the rules of parliament and the constitution. We shall therefore appeal the ruling with the Constitutional Court.

We reject the logic that Ramaphosa did not personally benefit from the CR17 campaign funds. We also reject the conclusion that he therefore did not have to declare the funds of the CR17 campaign to parliament. How is it that MPs are expected to declare simple items costing a few thousands in rands, yet a man who received billions in funding from key and powerful business individuals in the country to become president of the ruling party does not have to declare? How is it that a court of law can logically say such a person did not benefit personally when the billions worked to campaign for him to become a president in his personal capacity?

The Gauteng North High Court ruling has also effectively rendered the oath of members of parliament futile, uprooting the respect this important arm of the state has. The finding that Ramaphosa did not mislead parliament is not only ridiculous, it exposes the court as an institution complicit in weakening parliament. From here on, no one, from members of the executive to state bureaucrats who come to account to parliament will ever respect the principle to not lie under oath. They will no longer fear parliament or respect the things they say in its sittings.

There is definitely no argument as to whether Ramaphosa misled parliament or not. Even Ramaphosa himself admits to this, hence he corrected his initial version when answering questions about the R500 000 donation from BOSASA.

Absolving him means there are laws for the rest of South Africans, and laws for Ramaphosa. It is a direct violation of the foundation of our constitutional order: Equality before the law. Equality before the law means Ramaphosa must be subjected to the same scrutiny that Zuma and many others faced when they violated the constitution, laws and rules of parliament.

In defense of the integrity of parliament, its public standing and general respect by all, the EFF will challenge this ruling. We shall appeal with the Constitutional Court to overtum it and allow Ramaphosa to be held accountable.

Most disheartening is the complete silence of the judgement on the court decision to seal the CRI 7 documents. During the hearing, the judge president asked the lawyers to address the court on the matter, and their response was that they leave it in the hands of the court. Despite this, the judgement has said absolutely nothing. This silence must be read as the court effectively participating in the cover up of CR17 documents and thus, inhibiting accountability, transparency and openness on the part of those who hold and exercise immense public power. How could the court seal document without giving any reasons whatsoever?

Appealing this judgement therefore means, we seek to give the highest court in the land the opportunity to either correct the unreasonableness of the Gauteng North High Court, or join in obliterating the principles of equality before the law, transparency and accountability. Let the Constitutional Court also participate in sealing documents and hiding information against the constitutional principles of access to information. Let the Constitutional Court participate in saying Ramaphosa does not have to declare funds he personally benefited from in order to be President of the ruling party. On that day, it will be the end of our Constitutional Democracy as we know it.

Issued by Vuyani Pambo, National Spokesperson, EFF, 10 March 2020