In the latest development in the Phalaphala farm controversy, the African Transformation Movement (ATM) has filed a replying affidavit in the High Court of South Africa, Gauteng Division, Pretoria. The application challenges the report by the Public Protector, Kholeka Gcaleka, which cleared President Cyril Ramaphosa of any wrongdoing in relation to the farm.
The Phalaphala farm saga began with allegations that President Ramaphosa benefited unduly from his association with the farm, raising questions about his adherence to constitutional and ethical standards. The ATM’s affidavit contests the report on several grounds, including the Public Protector’s decision not to call certain witnesses to give evidence, consider relevant information and material, and investigate matters related to potential constitutional and executive ethics code violations by the President.
In its affidavit, the ATM emphasizes that the Public Protector bears the ultimate responsibility for her report and decisions, which cannot be substituted by the involvement of Mr. Dlamini, who gathered evidence and prepared the report.
The ATM also highlights the Public Protector’s failure to obtain the tax records of Ntaba Nyoni, which could have revealed evidence of the President’s non-compliance with the constitution and executive ethics code.
The application was filed late due to the ATM’s election campaign and logistical issues, but the party apologizes for the delay and argues that it does not prejudice the respondents.
This legal battle has sparked intense interest in South Africa, with many calling for accountability and transparency in the Phalaphala farm saga.
Photo | Ashraf Hendricks
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