President Cyril Ramaphosa's main political rivals, Paul Mashatile and Zweli Mkhize, are expected to push back against calls for his removal during an African National Congress (ANC) national executive committee (NEC) meeting on Monday.

A key Mashatile ally and lobbyist, Nkenke Kekana, said the NEC could not seek to remove Ramaphosa and that the president's fate should be decided at the party's conference.

"Dr Mkhize's view is that the NEC would be well-advised to defer the question of whether President Ramaphosa should be forced to resign or not to the delegates who would be gathering in Nasrec in less than two weeks' time to decide," Mkhize's communication advisor, Vuyo Mkhize, said.

He is expected to argue at the ANC meeting that he, too, subjected himself to a parliamentary process and was cleared by the legislature with regard to the allegations he faced.

Ramaphosa opened the meeting on Monday morning but left soon after, saying that he could not be present when his fate was being discussed.

The ANC's national working committee (NWC) resolved on Sunday that ANC MPs should not vote to adopt the Section 89 panel report, which would open the way for an impeachment process against Ramaphosa.

The matter is expected to be debated sharply at the broader meeting on Monday. Kekana told News24 that the ANC could not take action against the president on the basis of the Section 89 panel's report.

"The NEC is not in a position to remove a sitting president, especially when we are about to arrive at the conference - unless the integrity commission reports that the president must step aside. Outside of that framework, the mere report of Parliament is just the beginning of a process that must be allowed to take its course," he said.

Kekana added he believed that the ANC should work in the next two weeks to agree to an uncontested leadership race.

"I am still confident that there is still a chance that we can find each other [so] that there is an uncontested conference. Provincial leaders can come together and work out something that is palatable for the conference and for the conference to ponder over it," Kekana said in an interview with News24.

News24 understands that a meeting between Mashatile and Deputy President David Mabuza took place in Johannesburg on Thursday, while Ramaphosa was mulling over whether to resign, spooked his allies enough to convince him that his resignation would be "exactly what Paul wants".

Then, a seemingly unilateral decision by Mashatile to move a planned NEC from sitting virtually on Thursday evening, to an in-person meeting on Friday, proved to Ramaphosa's allies that his resignation would mean "handing over the ANC to DD (Mabuza) and Paul to do what they want to with it".

Mashatile - who holds enormous power as treasurer-general, acting secretary-general and acting deputy secretary-general - is contesting the ANC deputy presidency at the conference, which is expected to begin on 16 December.

But those around him have hinted that given the Phala Phala scandal involving Ramaphosa and the Digital Vibes scandal involving Mkhize, Mashatile might make an 11th-hour bid for the ANC presidency.

Kekana said that there were a lot of "rumour-mongering and distortions" about Mashatile in the run-up to the conference.

"As per the Constitution, and it's not Paul's design, if the president resigns, the section of the Constitution kicks in, the deputy president takes over, and the Cabinet stays put. In a hypothetical situation, it would mean 14 days before the conference, there would be a new president," Kekana said.

He added that there was a case for Ramaphosa to answer and that he should face a parliamentary process in that regard. "We cannot use emotions; we can't use our historical dislike for the president to take a political decision," he said.

Kekana also said that the ANC integrity commission's report on the Phala Phala matter should set the tone for a decision by the party. That report, as well as a report on...

President Cyril Ramaphosa said on Monday that the fight against State capture and corruption is gaining momentum.

He wrote in his weekly letter to the nation that in the last few months, several cases have been brought to court, with former executives of State-owned enterprises (SOEs) Eskom and Transnet charged alongside business people for allegedly colluding to steal public funds.

He said progress is also being made in other areas where there has been malfeasance.

Ramaphosa is facing backlash for allegedly violating the Constitution following the release of a Section 89 panel report, which made damning findings against him in relation to the theft of money from his Phala Phala farm.

While many are calling for Ramaphosa to step down, others claim the report findings are being used by those implicated in corruption to push Ramaphosa out of the running for the African National Congress presidency, and ultimately, State President.

Ramaphosa explained that the announcement by the National Prosecuting Authority (NPA) last week that it had reached a settlement with an international company implicated in corruption at Eskom is a huge development in the country’s effort to hold those responsible for State capture to account.

The NPA Investigating Directorate finalised a landmark agreement with Swiss engineering company ABB to pay R2.5-billion in punitive reparations to South Africa relating to bribes allegedly paid to obtain contracts with Eskom between 2014 and 2017.

“This amount, which will be paid into the Criminal Asset Recovery Account, is in addition to R1.6-billion that ABB paid Eskom in 2020 to settle an investigation into allegedly criminal conduct involving contracts at the Kusile power station. Importantly, the current settlement does not indemnify the company or its staff from prosecution,” explained Ramaphosa.

He noted that for the last five years, South Africa has been working hard to end the looting of resources and to prosecute those responsible and recover stolen funds.

“When we embarked on this journey, we understood that the results would not be felt overnight. We first had to rebuild State institutions that had been deliberately weakened, emptied of expertise and rendered incapable of preventing capture by criminal elements. We had to strengthen law enforcement institutions and shield them from outside interference,” he said.

He went on to say one of the most important steps the country took was to establish, in 2019, the Investigating Directorate in the NPA to deal with cases emanating from the State capture commission and other corruption-related offences.

He added that recently plans to make the Investigating Directorate a permanent structure were announced.

FIGHTING CORRUPTION

Meanwhile, the Special Investigating Unit continues with its investigations into corruption and mismanagement at State institutions and SOEs, with its Special Tribunal empowered to recover stolen funds.

The South African Revenue Service continues to fight corruption through lifestyle audits and other legislative tools. It is piloting a new wealth initiative to recover assets suspected of having been acquired illegally or through the proceeds of crime.

Ramaphosa highlighted that the NPA, through the Investigating Directorate, the Asset Forfeiture Unit and other structures, is successfully using preservation orders, asset forfeiture and other tools to tighten the noose around those involved in corrupt activities.

“Many of those involved in State capture and their enablers in the private sector saw nothing wrong with diverting public funds to private pockets. At the height of the State capture era, unscrupulous politicians repurposed State institutions for private enrichment and to cover their tracks,” he said.

He said today South Africa has law enforcement authorities and a prosecuting authority devoted to investigating and prosecuting without fear or favour, as well as State institutions committed to fulfilling their respective mandate...

Eskom will implement continuous stage 2 loadshedding until further notice due to the breakdown of six generating units at five power stations, the power utility said on Friday afternoon.

There has also been a delay in return to service of "numerous" generating units, spokesperson Sikonathi Mantshantsha added. A generating unit each at Duvha, Grootvlei, Hendrina, Majuba and two units at Arnot Power Station, were taken offline for repairs over the past 24 hours.

The delay in returning to service two generating units at Camden and one unit each at Arnot and Duvha power stations contributed to capacity constraints. Eskom is moreover facing a budget crunch for diesel supplies for its open cycle gas turbines.

It anticipates increased loadshedding over the next 6 to 12 months, it said.

"The imminent refuelling and maintenance outage, as well as the long-term operation project of Unit 1 of the Koeberg Nuclear Power Station, together with the October chimney failure that has forced three generation units offline at Kusile Power Station, will further reduce available generation capacity and significantly increase the occurrence of loadshedding during the next 6 to 12 months."

Currently 4 423MW of capacity is out on planned maintenance, while another 16 708MW is unavailable due to breakdowns.

An urgent African National Congress (ANC) National Executive Committee (NEC) meeting at Nasrec ended abruptly with a decision that the Section 89 Phala Phala report should be processed by the top four officials and national working committee (NWC).

Treasurer general Paul Mashatile told the media that the NEC adjourned after it decided that the report should first be processed by the top officials - President Cyril Ramaphosa, Deputy President David Mabuza, ANC chair Gwede Mantashe and Mashatile himself.

They must consult Ramaphosa and report to the NWC, before reporting back to the NEC before Tuesday's meeting of Parliament, which will need to decide whether to adopt the Section 89 report or not.

Mashatile said the president had yet to discuss the matter with any structures of the ANC since the report was published on Wednesday.

Mashatile said Ramaphosa was still consulting, but he didn't know with who.

If President Cyril Ramaphosa were to resign, it would be "chaotic" for the country and the ruling party, according to African National Congress (ANC) national chairperson Gwede Mantashe.

The mineral resources and energy minister was interviewed by the SABC at Nasrec, Gauteng, ahead of a meeting with ANC leadership on Friday. The party's National Executive Committee is meeting to discuss Ramaphosa's fate following the release of an independent panel report on Wednesday, with findings against him related to the handling of a theft of $580 000 in cash at his game farm in Limpopo, Phala Phala.

According to the panel, the President "may have committed serious violations" and breached anticorruption laws, News24 reported.

Mantashe said the report has "a lot of loopholes" and can be challenged. "If it were me, I would have kicked dust about it," he added. But unlike him, Ramaphosa would probably take a more "gentle" approach, Mantashe said.

"I think we must give him space to do that."

He also pointed out the use of the phrasing " may have" which indicates the findings against the President are still to be tested.

"No one says the President has committed a crime. it says he 'may have which opens a way for a parliamentary process," said Mantashe.

He emphasised that space should be created for the report to be "processed properly" and to allow Parliament to handle the matter as it should.

Mantashe said that Ramaphosa should do "anything that can be done" before taking a decision to resign – this includes taking the report on review.

Ramaphosa may face impeachment, but has been leaning toward resignation, while some of his allies have been encouraging him to "fight" the report, according to News24.

'Chaos'

Asked what the implications of Ramaphosa resigning would be, Mantashe said it would be "chaotic".

"The country would be leaderless. We would have an acting president . We (the ANC) have a conference in two weeks' time, and to me, that is chaos," he shared. Mantashe stressed that it is important to maintain stability.

Ramaphosa, the incumbent leader, will have his position contested at the ANC's elective conference, which will kick off in two weeks. "My view is let us go to the conference, elect a leader for the ANC and see what happens beyond that point," he said.

If Ramaphosa is elected for a second term, then he would continue to deal with the Phala Phala report as a "sitting" president, Mantashe said.

On Thursday, the rand and local equities crashed on rumours that Ramaphosa may be resigning.

Given that, the priority is to signal to society and the markets that there is stability in South Africa and that legal processes will unfold and there will be compliance with those processes, Mantashe said.

Members of Parliament are expected to vote on Tuesday on whether or not to adopt the report, News24 reported.

Multinational engineering firm ASEA Brown Boveri (ABB) has agreed to pay over R2.5-billion in punitive reparations to South Africa for "serious crimes" committed at Eskom during the State Capture-era.

The National Prosecuting Authority (NPA) said in a statement on Tuesday that its Investigating Directorate finalised a settlement agreement with ABB.

"This settlement represents a bold and innovative step towards accountability and justice for alleged offenders, particularly in the form of restitution for the serious crimes committed at Eskom during the state capture period," the NPA said.

ABB’s payment must be made into SA’s Criminal Asset Recovery Account, within 60 days of 1 December. The amount will "be used as restitution for victims, and to assist in building South Africa’s capacity and resources in its ongoing fight against serious corruption."

The R2.5-billion is over and above the R1.6-billion that ABB previously paid to Eskom in 2020.

Arrests

ABB was awarded a R2-billion contract in 2015 to install control and instrumentation (C&I) systems at the troubled Kusile power station. The station has suffered time delays, cost overruns running into the billions and design defects, and problems at the station have regularly contributed to load-shedding.

In October, the faulty installation of an exhaust vent resulted in ash particles building up inside a massive duct over nearly five years, which caused the collapse of a section of the pipe at Kusile.

The Kusile deal resulted in ABB paying Impulse International R549-million in 2016 and 2017 - when former acting Eskom CEO Matshela Koko's stepdaughter, Koketso Aren (neé Choma), was a shareholder of Impulse.

Koko, his wife, Mosima, and his stepdaughters, Koketso and Thato Choma, Thabo Mokwena, a former employee of the State Security Agency, Eskom's former project manager for Kusile, Frans Sithole, lawyer and alleged Koko fixer, Johannes Coetzee, and Koko associate Watson Seswai were arrested in late October and appeared in the Middelburg Regional Court on charges of fraud, corruption, and money laundering. They were all granted bail, ranging from R70 000 to R300 000, and will appear in court again on 23 March.

Former ABB employees, and German citizens, Markus Bruegmann and Sunil Vip - also part of the accused in the case - were not in court.

In July two former ABB employees and their wives - Muhammed and Raeesa Mooidheen and Vernon and Aradhna Pillay were arrested in connection with alleged kickbacks in exchange for inflated contracts that were awarded to Impulse. Both couples appeared in different courts and were granted bail.

Cooperation

In September ABB said it put aside $325-million (R6-billion) as a provision to cover costs related to corruption probes at Kusile power station. It said at the time it was cooperating fully with the authorities and "hopes to reach a final settlement with them in the near term".

The NPA said on Thursday that ABB had "acknowledged liability and taken responsibility for the alleged criminal conduct of its employees involving contracts with Eskom".

"As a result, ABB has been forthcoming in cooperating with law enforcement agencies conducting the investigations into such alleged conduct."

The NPA said it also assisted in securing evidence and key witnesses as part of its ongoing investigation.

"This settlement agreement was negotiated with partner countries, including the USA, Switzerland, Italy, and Germany. South Africa is getting the bulk of the settlement amount due to the nature of the crimes and the negative impact on South Africa and its people," the NPA said.

It however pointed out the settlement did not indemnify any ABB staff, directors and contractors.

"The NPA will continue to pursue these criminal prosecutions, with the support of ABB who has committed to ongoing collaboration to ensure accountability for the crimes allegedly committed by its employees."

Democratic Alliance (DA) leader John Steenhuisen wants all members of the National Assembly, regardless of party or affiliation, to support its Section 50(1) Motion, which he says he will table in the National Assembly against President Cyril Ramaphosa.

The DA wants a majority vote for the dissolution of government, which would then trigger an early election.

Steenhuisen said the hand-over of the independent panel’s report into the Phala Phala allegations represented a seismic shift in South African politics, where a sitting President stands accused of breaching the Constitution.

He noted that if Ramaphosa is recalled now, the country will end up with a “corrupt” President David Mabuza and if Ramaphosa survives until the African National Congress (ANC) elective conference only to be defeated, the country will end up with a “corrupt” President Zweli Mkhize.

“And if President Ramaphosa somehow triumphs at the conference we’re stuck with a corrupt President Ramaphosa, whose focus will be on his own political survival rather than on the good of the nation,” he said.

Steenhuisen stressed that now was not a time for cheap point-scoring and also urged caution against the proliferation of small parties and new movements that are being added to the country’s political landscape every few months.

He said the myth of the “two ANCs” has now been shattered.

“Now is the time to stand up and be counted. The Democratic Alliance calls for a national election – not one involving 4 000 delegates at an ANC conference, but one that gives all South Africans the opportunity to determine their future,” he said.

He went on to urge South African’s to not become despondent and added that what looks like a crisis could be a leap forward for democracy.

President Cyril Ramaphosa has lost the political support of the African National Congress (ANC) and is "very likely" to announce his resignation as head of state in the next few hours.

Ramaphosa will also resign as president of the ANC and will pull out of the race to be re-elected in just over two weeks' time at Nasrec.

In accordance with the Constitution, Deputy President David Mabuza, a former premier of Mpumalanga, will step in as acting president until Parliament votes for a new president.

It is expected that whoever is elected as the next ANC president mid-December will be sworn in as state president at a special sitting of Parliament at the end of the month.

The Democratic Alliance has tabled a motion, arguing for Parliament to be dissolved and for an early election to be held next year.

News24 has spoken to a range of senior politicians and civil servants close to the president's decision, that is likely to trigger a credibility crisis for South Africa.

A source close to talks said Ramaphosa did not have to be convinced of the case to resign. The insider said Ramaphosa argued that it was in the best interest of the stability of the country for him to quit.

"There is nothing we can do now," the source said.

Vincent Magwenya, Ramaphosa's spokesperson, said the president would address the nation "soon". He said the president was still considering his options.

"The primary concern in the president's mind is the stability of the government and the country."

Ramaphosa has run out of options after a Section 89 panel, headed by former chief justice Sandile Ngcobo, found that he may have violated the Constitution and anti-corruption laws in his Phala Phala game farm dealings.

News24 understands the president's legal advisors told him that, although they took the view that the Ngcobo report was "full of contradictions, flaws and mistakes", chances of successfully challenging it in court was not guaranteed.

"Which court will rule that a report by a former chief justice is irrational?" one source said.

Ramaphosa also does not want to put himself through a "public trial" in Parliament, in an impeachment hearing, while he was the one who suspended Busisiwe Mkhwebane, the Public Protector, to face a similar process.

Ramaphosa is a multi-billionaire who built his fortune outside of politics before being plucked back into the ANC's fold as former president Jacob Zuma's deputy in 2012.

He has served as deputy president and president of the country for a decade, and oversaw the "reform" agenda in the country to restore institutions and state-owned enterprises that were plundered during the so-called "lost decade" under Zuma.

Some of his biggest achievements have been the credibility restoration of the National Prosecuting Authority, which has been driving state capture arrests and prosecutions, and empowering the Special Investigating Unit (SIU) with the capacity to reclaim millions of taxpayers' money lost to corruption.

But Ramaphosa himself has been mired in a credibility crisis since the country's former spy boss, Arthur Fraser, opened a criminal case against the president for a burglary of millions of rands that happened at Ramaphosa's Phala Phala game farm in early 2020.

Ramaphosa was accused of covering up the source of the money, allegedly stashed in furniture, and of thwarting a proper police investigation into the case.

The Ngcobo report confirmed the suspicions and found Ramaphosa had to answer the case for possible impeachment.

Ramaphosa had limited options, which he discussed with political and legal advisers since late on Wednesday night.

News24 understands his decision was mainly influenced by the lack of political support he suffered in the ANC since the release of the report.

The president has seemingly bled support on the ANC's national executive committee (NEC) over the last 18 hours following the release of the independent panel's report.

This follows a marked sea-change in recent times, with frustration among supp...

President Cyril Ramaphosa, in flatly denying any wrongdoing related to the Phala Phala saga, has revealed that his game farm operates "largely at a loss" and has funded it largely out of pocket.

This is revealed in Ramaphosa’s response to the panel appointed by the Speaker of the National Assembly to assess whether or not he has a case to answer.

The panel, headed by former chief justice Sandile Ngcobo, delivered its report to the Speaker on Wednesday and it is expected to be published later Wednesday evening. The panel’s appointment and work is a preliminary step in Parliamentary processes around a motion, brought by opposition MP Vuyo Zungula of the ATM in July, that seeks to remove the president in terms of Section 89 of the Constitution.

Section 89 allows for the removal of sitting president on the grounds of a serious violation of the Constitution of the law; serious misconduct or an inability to perform the functions of the office.

Zungula’s motion advanced four charges that Ramaphosa was called on to respond to all linked to the burglary at his Phala Phala farm in February 2020 – but rather than focusing the allegations on the contents of the affidavit filed by former SSA boss Arthur Fraser with the police in June 2021, the charges in the motion centre around Ramaphosa’s public statements in the wake of Fraser opening the criminal complaint and causing the information to become public.

Ramaphosa has, in a detailed response running to some 138 pages including annexures, rebutted all four charges and advanced his own version to challenge not only the allegations, but also the premise of the charges themselves.

Charge 1 – The ANC Limpopo Speech Charge

This charge accuses Ramaphosa of violating two key sections of the Constitution – Section 96 (2) (a) and 83 (b) – the first that members of cabinet and deputy ministers may not undertake any other paid work and in the latter that the President must uphold, defend and protect the Constitution.

Zungula bolstered the charge by including a link to a speech Ramaphosa gave at an ANC conference in Limpopo. He alleges that Ramaphosa’s comments that he was a farmer, in the cattle and game business confirmed that he was actively involved in his business.

Ramaphosa’s response

Ntaba Nyoni Estates, a company of which Ramaphosa is the sole director, operates his game farming business at Phala Phala.

"I am the sole member [director] of the close corporation but I do not work for it and do not get any remuneration from Ntaba Nyoni. From the inception of Ntaba Nyoni in and around 2001, I have invested my and my family’s money to fund its operations largely at a loss," his submission to the panel reads.

Ramaphosa also said he was entitled to retain assets or financial interests "where no conflict of interest would arise, if these were declared".

"The ATM and EFF’s proposition that I have misconstrued my obligations in this regard is entirely without merit. I do not perform paid work for Ntaba Nyoni – nothing I said has ever suggested as much – nor do I receive remuneration for work or service other than my functions as President," the response adds.

Ramahosa also points out that the charge is "based on an error of law".

"The ATM seems to labour under the impression that I am forbidden from having any financial or business interests, or even investing in such interests. No such blanket prohibition exists."

Charge 2 – Failure to report

The second charge advanced is a violation of the law, with the ATM’s Zungula saying Ramaphosa violated Section 34 (1) of the Prevention and Combating of Corrupt Activities Act (PRECCA).

Zungula alleges that Ramaphosa failed to report the theft of cash from his residence on the farm “to any police official as required by the Act”. The reporting of the burglary to Major General Wally Rhoode, a policeman and head of the presidential protection unit, was not compliance with the South African Police Service Act which directed that Section 34 PRECCA reports needed to...

Chris Hani's widow wants the Constitutional Court to rescind its decision to give murderer Janusz Waluś parole, but this will be a tall order a law expert told News24.

Limpho Hani and the South African Communist Party (SACP) have applied to the Constitutional Court to rescind its decision to give Walus parole. They want the case to be heard anew at a date to be determined by Chief Justice Raymond Zondo.

Last week, the apex court ruled that Waluś be released from Kgosi Mampuru prison in Tshwane within 10 working days, after he had served his sentence for Hani's 1993 murder.

On Tuesday, correctional services said an inmate stabbed Waluś. He is in a stable condition after receiving treatment in prison.

On Wednesday, members of the ANC, SACP and Cosatu staged a protest outside the prison. Organisers said they wanted to express their anger and dissatisfaction that Waluś was set to be released.

In her court papers, Hani argues that she was not "treated fairly by the court". She also says the judgment had "a patent error" because her submissions were not fully examined. She said only applications by Minister of Justice Ronald Lamola and Waluś were fully considered.

She said the court "lacked independence" by not evaluating her submissions.

In her affidavit, Hani said the decision by the court to grant Waluś parole by taking the power away from Lamola was an error.

She said Waluś's South African citizenship was revoked in 2016, and the court should have considered this before granting the parole.

"This Court denied the Minister an opportunity to deal with the most important aspect of parole in the present case, being the fact that the first respondent's citizenship has been revoked.

"Given the importance, the citizenship status on parole matters, and the fact that the status of the first respondent has never been fully canvassed before this Court and less or no information is placed before this Court. The Minister is incapable of releasing the applicant on day parole and/or imposing parole conditions on him in circumstances where his release from prison to serve parole in South Africa shall itself be an offence," she said.

Earlier this week, Home Affairs Minister Dr Aaron Motsoaledi said Waluś had been granted citizenship so he could serve his parole here and not in his native Poland.

Constitutional law expert Professor Pierre de Vos said it was hard for the judgment to be rescinded.

"Right now, it will be hard to say, but it will all depend on the arguments they bring. They have to bring something that is plausible for it to be successful."

Waluś's lawyer, Julian Knight declined to comment on the application.