Resignation ‘viable option’ for Ramaphosa, says legal expert

Ramaphosa is battling for his political future after a parliamentary independent panel concluded that he had seemingly committed a serious violation of the constitution and anti-corruption laws.

The president went to ground on Thursday, deciding to skip his appearance in the National Council of Provinces for a question and answer session.

The Presidency said Ramaphosa had to take time to "carefully consider the contents of the report and the next course of action to be taken".

Presidential spokesperson Vincent Magwenya also cancelled a media briefing on the president’s public programme for the week.

Amid the intense speculation on Ramaphosa’s possible next move, Deputy President David Mabuza also cancelled his address at the World Aids Day commemoration event in Bloemfontein.

The ANC's national executive committee was scheduled to meet on Thursday evening to discuss the scathing report and draft a way forward.

But Hoffman says despite the context of the report, Ramaphosa still has the option to take it on review or lobby the ANC's parliamentary caucus to vote against impeachment proceedings.

"The president, in theory, can take the panel report on a review and he will have to have grounds for that review. But I think he will struggle to find grounds that would impress a court of law.

“He is also entitled to throw himself at the mercy of the ANC caucus, because the decision to impeach is a political decision that is taken by the National Assembly.

“So if he can keep the ANC caucus on his side, then he can defeat the motion to impeach him in Parliament and stagger on in his wounded state," says Hoffman.

Hoffman says another option would be a resignation to avoid the implications of contravening the Prevention and Combating of Corrupt Activities Act.

 "A resignation is a possibility but his advisors will guide him, but he has not said I will not resign. The problem that he really has at this stage, is that, on his own version of what happened, he has contravened section 34 of the Prevention and Combating of Corrupt Activities Act (PRECCA). That section says that if you are a person in authority, which he is, and you are aware of theft of more than an R100 000, you are obliged to report it and he hasn't done that.

“He can mitigate the effect of that crime by resigning and by pleading guilty and apologising for not reporting the theft, whether he wants to go that route and simply retire into farming instead of going to jail, is something that he must be considering at the moment.”

Hoffman says legally, his resignation would pave a way for Deputy President David Mabuza to take over as president.

"It is a very difficult political position, but in law, if he were to resign, he would be succeeded by his deputy, who is David Mabuza and Mabuza doesn't even feature as a favourite candidate for any position in the top 6 of the ANC in the conference to be held from the 16th of this month.

“He will probably be made to step aside if the National Prosecuting Authority decides to prosecute him, which it should do because the report indicates very clearly that there has been a contravention of section 34 of the PRECCA Act. It is a crime to fail to report a theft of more than R100 000 to the Hawks, " adds Hoffman.

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