ATM has 'reasonable chance' of success in Phala Phala review application
A legal expert believes the African Transformation Movement stands a reasonable chance of being successful in its review application of the Public Protector's Phala Phala report.
The ATM has applied to the High Court in Pretoria to review and set aside the findings of acting Public Protector Koleka Gcaleka, which cleared President Cyril Ramaphosa of any wrongdoing.
The report relates to the large amount of foreign currency stolen from the president's farm in 2020.
While the report found the president's cattle farming presents not conflict of interest with his official duties, the ATM believes the business to be in breach of the executive members' ethics code.
The law prevents any president from engaging in other paid work.
Advocate Sunil Singh says the issue will, in all probability, end up at the Constitutional Court.
"In my opinion, it will definitely go all the way to the ConCourt for clarity, as to what extent will the president be pardoned in terms of any conflict of interest as far as a business enterprise is concerned, as opposed to his public office.
"The fact that the matter has not been tested before a court, the possibility of it going all the way to the ConCourt is a huge possibility.
"Those who want to prosecute it will want to see it all the way through to get clarity from our courts in regards to what is right and what is wrong and the directions going forward in the event of any wrongdoings by any other political figure or the president."
