Statement on President Ramaphosa's decision to take the Section 89 independent panel decision for review

Tuesday, 12 May 2026: The South African Communist Party (SACP) notes the decision of President Cyril Ramaphosa to take the 2022 report of the Section 89 independent panel on Phala Phala for review. The review application will effectively halt any impeachment proceedings against the president until it is concluded.

Consequently, the public is forced to wait once again for full accountability on the Phala Phala matter, regardless of the fact that the outcomes of the parliament-appointed panel led by Justice Ngcobo initially pronounced that there was sufficient evidence that the president may have committed serious misconduct and violated the Constitution. Given that such a hearing would effectively be put in abeyance, the answers will not be revealed in a timely manner, leaving the scandal unresolved and the president’s conduct subject to more speculation than investigation. To the extent that it is in the public interest that this information be unearthed and relevant people held to account, the SACP is concerned that the lifespan of the scandal will be effectively extended for an unpredictable period.

We recognise the president’s legal right to take the matter on review and make no pronouncements against that particular right. However, the existence and exercise of that right, as with any other right for those in public office, must be understood and interpreted beyond the prism of the personal fate of the president as an individual but must be considered within the context of his larger moral responsibility of leadership, the responsibility to protect and indeed guarantee the stability and credibility of government while ensuring public trust and the integrity of government institutions. For the office of the president, this consideration is even greater given that the president is the head of state and head of government. This responsibility goes beyond the technical legalities but exists as a moral, ethical and political principle to protect the integrity of the state and its standing with the people. An appropriate regard of this responsibility cannot coexist with a decision that effectively prolongs the Phala Phala controversy.

On Sunday, 10 May, through our General Secretary Solly Mapaila, we expressed our preference for the appropriate handling of this matter. We advocate for an expedited rather than delayed impeachment process. Options to the contrary would only exacerbate the reputational crisis already facing the state and the Presidency, which is neither desirable nor aligned with the concept of “public good”.

This matter is not only related to the fate of Cyril Ramaphosa as an individual but also to the fate of an entire nation. The weight and significance of the office he holds are bigger than his personal affairs, including the questions of what happens or does not happen in his game farm.

In the midst of this crisis, the people face overwhelming difficulties in their daily lives requiring sober and undivided attention. That concern for the people’s problems is now shared with management of a perpetual scandal under continued public scrutiny with no visible end in sight. The worsening conditions of poverty and unemployment have reached catastrophic levels. The Madlanga Commission proceedings have already revealed a thoroughgoing crisis of lawlessness across government institutions, laying bare mismanagement and corruption of extraordinary proportions. The voter turnout in the 2024 elections was the lowest in the history of our democracy, a clear indictment by the masses on the governance of our country. Public trust has been on a downward spiral for a sustained period of time. Yet at the height of this crisis, the government is getting increasingly engulfed by the resurgence of controversy and political scandal through this resuscitation of Phala Phala. This is not merely a legal or administrative problem but a political crisis with clear strategic implications for the South African revolution.

The actions of the president ought to reflect an appreciation of these facts. The decision to review falls short of this standard. Beyond this limitation, the review process delays the setting up of an impeachment committee and comes across as a tactic to buy time. It does not meet the requirements of leadership for a time like this in history. An alternate approach at this time is most ideal.

ISSUED BY THE SOUTH AFRICAN COMMUNIST PARTY,
FOUNDED IN 1921 AS THE COMMUNIST PARTY OF SOUTH AFRICA.
 
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