The African National Congress insists its Members of Parliament are not being instructed to disregard the law by standing behind Cyril Ramaphosa as he faces impeachment proceedings.
ANC secretary-general Fikile Mbalula said the party’s decision to support Ramaphosa’s judicial review application is consistent with the president’s constitutional rights and aligns with last week’s Constitutional Court of South Africa ruling.
The apex court ordered Parliament to establish an impeachment committee after finding that an independent panel report in 2022 had presented prima facie evidence that Ramaphosa should face an inquiry linked to the Phala Phala matter.
ANC Raises Concerns Over Constitutional Court And Parliamentary Rules
Mbalula said that although the ruling party accepts the Constitutional Court’s decision, the party is uneasy about what it sees as judicial encroachment into Parliament’s authority to determine its own rules.
The court also directed Parliament to amend a rule that previously allowed lawmakers to dismiss the independent panel’s report at their discretion.
According to Mbalula, the ANC is concerned about the implications this could have for the separation of powers between the judiciary and the legislature.
“We are worried about encroachment, and the separation of power.”
ANC Parliamentary Caucus Unanimously Supports Ramaphosa Review
Speaking after a meeting with the ANC parliamentary caucus on Thursday, Mbalula said it was not unreasonable for MPs to be expected to follow the party’s position and support Ramaphosa’s court challenge.
He rejected suggestions that doing so meant endorsing unlawful conduct, arguing that the president had not committed theft.
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“ANC values do not say people must steal. Has the president stolen? He didn’t steal. They stole from him.”
Mbalula added that the ANC’s National Executive Committee had unanimously agreed to support Ramaphosa as he defends himself through the courts.
