The African Transformation Movement (ATM) has submitted papers to the Constitutional Court, challenging the National Assembly for allegedly turning a blind eye to the findings concerning the Phala Phala scandal.
The ATM stands as the second applicant in this case, with the EFF as the main applicant, and we are calling for the court to set aside the National Assembly’s decision.
Zama Ntshona, ATM spokesperson, confirmed that the party will be appearing in court to highlight that justice should be served and accountability must be upheld.
Failure to hold president accountable
The ATM argues that the National Assembly has failed in its constitutional duty to oversee the actions of the President and the executive.
“The failure to adopt the independent panel’s findings is a direct violation of this duty and demonstrates parliament’s refusal to fulfil its constitutional mandate.
“This neglect of responsibility is not only unconstitutional, but it also undermines the democratic values upon which our country is built,” said Ntshona.
He also alleged that the decision made by the majority in parliament was an abuse of power.
He said the use of the majority to dismiss the panel’s findings is not only unconstitutional but oppressive, effectively shielding those in power from being held accountable.
Direct attack on transparency and justice
According to Ntshona, this is a direct attack on the transparency and justice that should guide the country’s institutions.
“We also argue that the Constitutional Court has a vital role to play in protecting minority parties when the majority abuses its power.
“In this case, where the majority is acting in bad faith, it is crucial that the court steps in to ensure that the actions of the executive and Parliament remain in line with the Constitution and that no individual, regardless of their position, is above the law,” said Ntshona.
Ntshona emphasised that this case is about more than just an individual, but about the health of South Africa’s democracy and the rule of law.
The EFF will on Tuesday morning hold a pre-court hearing marhc. On Monday, EFF leader Julius Malema said the Jacob Zuma-led uMkhonto weSizwe (MKP) was not welcome to join the march. The march will take place from the Mary Fitzgerald Square in Newtown to the Constitutional Court.
He said the MKP should organise their own march if they wanted one.
“We have no relationship with the MKP, and even worse now when MKP has made it its programme to recruit leaders of the EFF,” said Malema.
