THE AFRICAN Transformation Movement (ATM) has delivered on its promise to oppose President Cyril Ramaphosa's application to review the Section 89 report into the Phala Phala farm robbery.
The party has confirmed having filed papers in the Constitutional Court on Monday in its bid to oppose Ramaphosa's decision to review and set aside the recent Section 89 independent inquiry report compiled by former chief justice Sandile Ngcobo, who was chair of the panel.
The party said the report is not reviewable as the findings contained in it are not binding or final, and the president's review application aims to impede the functions of Parliament.
It also added that the president's contention that the report was irrational was not justifiable. In Ramaphosa's review application, the ATM's Vuyo Zungula is listed as one of the respondents, along with the members of the independent panel and the National Assembly Speaker.
Ngcobo, Judge Thokozile Masipa and fellow panel member advocate Mahlape Sello are listed as the first, second, and third respondents, with National Assembly Speaker Nosiviwe Mapisa-Nqakula listed as the fourth respondent, while Ramphosa is the applicant.
The party contends that each of the president’s orders sought is without merit as the panel's report was non-binding.
"First, the application does not engage the exclusive jurisdiction of the court. The president contends that the application concerns his conduct and whether he failed to fulfil a constitutional obligation. This, he argues, triggers the application of section 167 (4) (e) of the Constitution, and the court's exclusive jurisdiction power to hear the application," the party argues in its affidavit.
The ATM's decision to challenge Ramaphosa comes just when members of Parliament are expected to vote on whether they accept or reject the findings of the Section 89 report on Tuesday. Last week, members of the ANC, which has more than 200 MPs, were told to toe the party line in rejecting the report or risk losing their jobs in the National Assembly.
ATM spokesperson Zama Ntshona confirmed on Tuesday that the party had indeed filed court papers with the Constitutional Court.
"The legal team of the ATM has indeed filed papers to the Constitutional Court opposing the review application by President Cyril Ramaphosa against the findings and the recommendations of the Section 89 independent panel report.
"The ATM contests in its favour that this review application is an application without merit, and Ramaphosa once again shows no interest in clearing his name by subjecting himself through due process," he said.