Address to the nation by President Cyril Ramaphosa

My Fellow South Africans,

I would like to address you this evening on the judgment handed down by the Constitutional Court on Friday last week.

In that judgment, the Constitutional Court found that certain aspects of the National Assembly rules that govern the process for the removal of the President from office are inconsistent with the Constitution.

The judgment has given rise to much commentary, debate and speculation.

There has been much concern and uncertainty in the country over the last few days following the delivery of the Constitutional Court Judgement.

When I assumed the office of President of the Republic of South Africa, I said that it was a responsibility that I would discharge with the greatest of care.

I said that it was a responsibility that I would undertake mindful of the needs, aspirations and expectations of the people of this land.

I pledged that I would serve you, the people of South Africa.

I said that I would work with you, side by side, to build the South Africa that we all want and deserve.

It is these undertakings that compel me to address you this evening.

There have been calls from certain quarters calling on me to resign. At the same time, there have also been calls for me not to resign.

I therefore address you this evening to clearly state my position.

The matter before the Constitutional Court arose from the report of an independent panel that was appointed by the National Assembly in September 2022 in terms of Section 89 of the Constitution to conduct a preliminary inquiry into certain allegations that had been made against me.

These allegations related to a theft that took place at my farm in February 2020.

The independent panel concluded that the information that was presented to it disclosed, prima facie, that the President may have committed serious misconduct and a serious violation of the Constitution.

The Panel concluded that I, as the President, may have acted in a way that was inconsistent with my office and may have exposed myself to a situation involving a conflict between my official responsibilities and my private business.

On the 13th of December 2022, in accordance with its rules, the National Assembly voted not to refer the independent panel's report to an impeachment committee that would consider the veracity and, where required, the seriousness of the charges contained in the motion.

The Constitutional Court has now ruled, on the basis of the flaw it found in the National Assembly rules, that the vote the National Assembly exercised on this matter in 2022 should be set aside.

The Court has accordingly ordered that the report of the independent panel be referred to the Impeachment Committee of the National Assembly.

In the judgment, the Constitutional Court declares that where the Panel recommends that a section 89 inquiry be proceeded with, it must be implemented through a referral to an Impeachment Committee, "unless and until the Report is set aside on review".

I accept and respect the Constitutional Court's ruling.

I reiterate my firm commitment to the Constitution, the independence of the judiciary and the rule of law.

Since the judgment was handed down, I have reflected on what the judgment means for our country, for the rule of law and for the office that I occupy.

I am mindful of the severe difficulties that the country is confronted with today.

I am mindful of the need for stability at this time more than any other.

At times of such uncertainty and contestation, our Constitution remains our guide.

The drafters of the Constitution provided a clear, carefully considered process to deal with allegations of serious misconduct and a serious violation of the Constitution against a President.

They foresaw that it would be necessary to provide recourse in the event that these allegations could be established, while at the same time protecting against spurious or malicious agendas.

Since a criminal complaint was laid against me in June 2022, I have consistently maintained that I have not stolen public money, committed any crime nor violated my oath of office.

From the beginning, I said that I would cooperate with all institutions that are mandated to deal with these types of matters.

I have indeed cooperated with all investigations and enquiries into the matter.

And I will continue to cooperate with all institutions that are mandated to deal with these matters.

When the independent panel submitted its report in December 2022, I said that I disagreed with its findings and the process of reasoning that led to those findings.

In my submission to the panel, I said:

The complaints against me are based on hearsay allegations. No evidence, let alone sufficient evidence, has been presented to prove that I committed any violation, let alone a serious violation of the Constitution or law, or serious misconduct as set out in the Constitution.

As a consequence, I decided then to approach our courts to take the report of the independent panel on review.

I was advised by my legal team that the panel report was capable of being reviewed by a court of law on several grounds, including the misconception of its mandate, grave errors of law and unfounded conclusions of fact.

However, the outcome of the vote of the National Assembly in 2022 stopped the process of further examination through a review of the report, resulting in the report having no practical and legal consequence.

I therefore did not proceed at that time with the review of the panel's report as the National Assembly had taken a decision on the matter.

However, I said at the time that I reserved my right to institute review proceedings against the panel's report should circumstances change.

The Constitutional Court judgment last week means that the report of the independent panel now has legal consequence as it now stands to be placed before the Impeachment Committee.

As the Court ruled, the independent panel's recommendation to proceed with an impeachment inquiry must be implemented, unless and until the Report is set aside on review.

On the basis of advice from my legal team and as envisaged by the Constitutional Court when it said "unless and until the report is set aside on review", I have therefore decided to proceed to take the independent panel's report on review on an expeditious basis.

I do so not out of disrespect for Parliament or its processes, but to affirm the need for such findings to be correct in law and in fact, especially where Parliament's work would be based on and informed by a report I believe is flawed.

I do so out of respect for the Constitutional Court judgment and the principles of judicial review that it reiterates and reinforces.

I do so in fulfilment of the rights, obligations and processes contained in our Constitution.

My Fellow South Africans,

While there have been calls in some circles that I should resign, nothing in the Constitutional Court judgment compels me to resign my office.

The Constitutional Court made no finding of any kind regarding my alleged conduct.

The Court made no finding on whether there was prima facie evidence of misconduct, nor if the alleged conduct, if established, justifies impeachment and the removal of the President.

Instead, the Constitutional Court judgment reinforces the principles, rights and processes underpinning our constitutional order. This explicitly includes the right to take the report of the independent panel on review.

I therefore respectfully want to make it clear that I will not resign.

To do so would be to pre-empt a process defined by the Constitution.

To do so would be to give credence to a panel report that unfortunately has grave flaws.

To do so would be to abdicate the responsibility that I assumed when I became President of the Republic.

To resign now would be to give in to those who seek to reverse the renewal of our society, the rebuilding of our institutions and the prosecution of corruption.

I fully intend to continue serving the people of South Africa and to advance their interests. There is still much work to be done.

Eight years ago, we set out on a new path for our country. Even as we set out on this new path, we knew that progress would not be achieved overnight.

We declared our firm intention to put behind us the era of diminished trust in public institutions and the diminished confidence in leaders.

Since then, we have made much progress and continue to make progress in rebuilding the credibility, integrity and capability of many of our institutions.

Stolen funds are being recovered. Alleged perpetrators are being prosecuted.

We are intensifying the fight against organised crime, kidnapping and gang violence.

We are implementing the recommendations of the State Capture Commission and those responsible for wrongdoing against our people are being dealt with.

Through the Madlanga Commission process, we are confronting corruption and criminality in our law enforcement and security services.

As we negotiate the severe turbulence in the global economy, we are intensifying our efforts to ensure that every home in the country feels the effects of a growing economy that is creating jobs and opportunity.

Despite the immense challenges we face, I am confident and full of hope about the future of our nation.

I am confident that the people will pursue with even greater determination the path of renewal and rebuilding, of reconstruction and sustainable development.

My fellow South Africans,

Guided by the rule of law and the principle of accountability, I intend to fulfil and complete the mandate that you, the people, have given me.

I will continue to do everything within my means to advance the rebuilding of our economy, the restoration of our institutions and the renewal our society.

I will do everything in my power to strengthen the institutions that are responsible for safeguarding our democracy and upholding the rule of law so that they may never again be abused, co-opted or repurposed to serve criminal interests.

I will remain in your service and will continue to act in your interests and in the interests of our diverse and remarkable nation.

I am confident that together as a nation we will strive, we will progress and we will overcome.

May God bless South Africa and protect her people.

I thank you.