Johannesburg - The African Transformation Movement (ATM) has filed papers in the Gauteng High Court, Pretoria, to review and set aside the acting Public Protector advocate Kholeka Gcaleka’s report on Phala Phala.
In its court application, the ATM listed Gcaleka’s office and President Cyril Ramaphosa as first and second respondents, respectively.
This comes after the public protector report released last month cleared Ramaphosa of wrongdoing regarding the 2020 robbery at his Limpopo farm where millions in foreign dollars were stolen, allegedly by Namibian nationals.
The 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.
ATM leader Vuyo Zungula in the court papers indicates that the acting public protector had investigated three aspects of the Phala Phala farm matter.
These include whether Ramaphosa had acted in a manner that was inconsistent with his oath of office, whether Ramaphosa failed to report the alleged robbery at the farm, and lastly, whether the SAPS acted improperly by investigating the alleged housebreaking.
“The acting public protector concluded that the allegations to the first two questions could not be substantiated. She concluded that the evidence did not establish that the president acted in a manner that was inconsistent with his obligations as president of the Republic.
“This application seeks to challenge the findings of the acting public protector as contained in her report. The ATM does so by seeking a declarator that the acting PP’s findings are inconsistent with the Constitution and invalid, and an order reviewing and setting aside her impugned findings,” Zungula stated in the papers before the court.
The party also wants the court to review and set aside parts of the report which cleared Ramaphosa of any wrongdoing.
The party has also called for Gcaleka to be removed from the shortlisted candidates for the public protector position currently under way.
Gcaleka started acting in her role after advocate Busisiwe Mkhwebane, whose term will end in October, was suspended.
The National Assembly’s ad hoc committee has set aside two days in August to interview eight candidates for the position of public protector.
The successful candidate is expected to take over on October 14, when the term of the current public protector ends. Mkhwebane was suspended by Ramaphosa following her investigation into the Phala Phala farm matter.
ATM spokesperson Zama Ntshona said they want Gcaleka removed from the eight shortlisted candidates as she ignored some evidence regarding the Phala Phala farm matter.
“We see her actions as what we call ‘patronage’. You scratch my back, I scratch your back. She wants the position of public protector because she knows the president is the one who decides who gets the position,” Ntshona said.
The Star