Public Interest SA Welcomes President Ramaphosa’s Decision to Subject the Section 89 Report to Judicial Review

Johannesburg, South Africa. Monday, 11 May 2026 — Public Interest SA notes and welcomes President Cyril Ramaphosa’s decision not to resign from office and instead to approach the courts to review and set aside the Section 89 parliamentary panel report relating to the Phala Phala matter.

We believe this is the correct and constitutionally sound course of action under the circumstances.

As a constitutional democracy founded upon the rule of law, South Africa’s legal and governance architecture provides for disputes of this nature to be ventilated and resolved through lawful institutional processes, including judicial review. The President’s decision to subject the findings and processes of the Section 89 panel to scrutiny by the courts reflects confidence in the judiciary and affirms the importance of due process, procedural fairness, and constitutional accountability.

Public Interest SA has consistently maintained that allegations involving public office bearers, irrespective of status or political affiliation, must be addressed through credible, lawful, and transparent mechanisms. Equally important, however, is the principle that adverse findings and recommendations — especially those carrying profound constitutional and political implications — must themselves withstand legal scrutiny and procedural rigor.

The Section 89 process has generated significant public debate and divergent legal interpretations concerning both the panel’s mandate and the evidentiary thresholds applied in reaching its conclusions. In such circumstances, recourse to the judiciary is not only legitimate but necessary to ensure legal certainty and preserve institutional integrity.

We therefore implore all constitutionalists, political actors, civil society formations, and members of the public to act responsibly, exercise restraint, and respect the President’s decision to seek judicial review. South Africa’s constitutional order is strengthened — not weakened — when disputes are resolved through established legal processes rather than political expediency, populist pressure, or instability-inducing rhetoric.

Public Interest SA further cautions against attempts to weaponise the matter in a manner that undermines confidence in democratic institutions or fuels unnecessary political volatility at a time when the country faces pressing socio-economic challenges requiring stable governance and institutional continuity.

"The independence of the judiciary remains one of the cornerstones of South Africa’s democracy. It is therefore appropriate that the courts now be afforded the space and opportunity to adjudicate the matter impartially and without external interference or undue political pressure," said Tebogo Khaas, chairperson of Public Interest SA.

Public Interest SA reiterates that accountability, constitutionalism, and the rule of law are not mutually exclusive principles. Rather, they are complementary pillars of democratic governance. Respect for due process and judicial oversight must apply consistently and without exception, even in moments of intense political contestation.

We remain committed to advancing ethical governance, constitutional democracy, institutional accountability, and the protection of the public interest.

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Issued by: Public Interest SA