President Cyril Ramaphosa faced a tumultuous week, with two significant court battles that could have far-reaching consequences for his presidency.
Facing the Phala Phala scandal, the president was challenged by the EFF and the African Transformation Movement (ATM) over the Phala Phala scandal.
The parties were seeking accountability for his involvement in the 2020 break-in at his Limpopo game farm, which has sparked allegations of corruption and misconduct against the president.
The EFF and ATM argued that Parliament failed in its constitutional duty to hold the Executive accountable, and that Ramaphosa may have broken the Constitution.
They contend that Parliament can only reject the conclusions of an independent panel on well-defined, legally valid grounds once the panel has determined there are adequate grounds for impeachment.
In addition to this challenge, Ramaphosa faced accusations on Thursday of stalling access to books for the blind and visually impaired.
SECTION27, a public interest law centre,argued that Ramaphosa's failure to sign the Copyright Amendment Bill (CAB) denied the blind and visually impaired individuals access to reading materials in formats they can access.
The CAB, which was sent to Ramaphosa for signature in February this year, includes exceptions that would allow materials to be converted into accessible formats without the consent of the copyright holder.
However, Ramaphosa's delay in signing the bill has resulted in the expiration of a court-crafted exception that was put in place in 2022.
In 2022, the court declared certain provisions of the Copyright Act unconstitutional and invalid, suspending the declaration for 24 months to allow Parliament to cure the defects.
The 24-month period lapsed on September 21, 2024, leaving a gap in the law and creating legal uncertainty for those who want to convert books into accessible formats.
Blind SA, in court on Thursday, asked the court to either resuscitate the exception crafted by the court two years ago or bring into effect the exception included in the Copyright Amendment Bill.
The bill, which has been stuck in limbo, includes an exception that would allow persons with visual impairments to convert books into accessible formats without needing consent from copyright holders.
The president and the Department of Trade, Industry and Competition are not opposing Blind SA's request.
However, there was debate about who should be awarded costs, with the president arguing that they should not be held responsible for costs. Blind SA countered that they would not have had to go to court if the president had signed the Copyright Amendment Bill.
The EFF and the ATM have been seeking accountability for his involvement in the 2020 break-in at his game farm.
The lid blew off the scandal after a February 2020 break-in at Ramaphosa’s Limpopo game farm, which has sparked allegations of corruption and misconduct against the president.
Ramaphosa has since denied any wrongdoing, saying the money that was stolen from his property was from an auction as he was a game farmer.
Almost two years ago in December 2022, Parliament rejected a motion to refer the Section 89 Independent Panel Report to an impeachment committee.
The Section 89 panel, led by retired Chief Justice Sandile Ngcobo had concluded that Ramaphosa may have a case to answer to. However, he was protected by the then-governing ANC through a vote in Parliament, closing the chapter into the matter.
Several investigations probing whether Ramaphosa committed crimes following the Phala Phala burglary including ones by the Reserve Bank and the Public Protector cleared him of any wrongdoing.
Saturday Star
mashudu.sadike@inl.co.za