Two separate Court cases related to President Cyril Ramaphosa took place this week. The first case against a man who allegedly made threats against the President and the Mayor of Cape Town Geordin Hills-Lewis was postponed to allow for the verification of his address and investigation into the status of his passport. The plaintiff, Philip Sebole Masango made his second appearance in Cape Town Magistrate court, yesterday morning. When Masango arrived in court, he did not have any legal representation, stating that “no one is talking to me”. Masango explained that he had contacted FNB for their legal advice, but had received no reply.
“Why is my attorney not showing up? Not sure why my attorney is not coming…” he explained to Magistrate Alida Theart when asked about his legal representation. “Am I guilty of anything?” Theart explained that they were not yet there in the process as he first had to have an attorney on record. “Which one is better?” he asked when the magistrate explained to him that he could use legal aid which is provided by the state, or one he could pay for himself. He then decided to have legal aid represent him in court, and attorney, A Semmery came onto the record. Semmery took a few moments to confer with Masango, and during the time, State prosecutor Mujaahid Sandan had raised a question surrounding the accused’s place of residence as the one he had previously indicated had belonged to a Church of Scientology in Cape Town.
This case is definitely unusual as the court has no way of verifying the allegations of this man’s supposed threats against President Ramaphosa and Mayor Green-Hills … yet. The magistrate and State Prosecutor Sandan have their respective roles cut out for them in this regard. Of course, the first matter of business for the court is to have an attorney assigned to Masango. It remains a mystery as to why FNB did not respond to Masango’s calls. Perhaps it could have been an issue of money. So now the court had legal aid assign a lawyer to represent Masango. Masango was possibly right to have legal aid appoint a lawyer to represent him in court. Attorney A Semmery appears to be appropriate and will be investigating the allegations against Masango as well. As these allegations are investigated the truth will emerge. These threats against President Ramaphosa and Mayor Green-Hills will be investigated.
Meanwhile a civil society group calling itself the Society for the Protection of our Constitution (applicant) had launched a court proceeding in 2022 against President Cyril Ramaphosa to be held accountable for the Phala Phala scandal. Following the sudden withdrawal of the application of an alleged Nongovernmental-organization (NGO) they have to now pay the legal bill.
Although the applicant had withdrawn the application in the meantime, it did not tender to pay the president and the NPA’s legal bills in this regard. The matter returned to the Pretoria High Court on Monday, where counsel for the president, Advocate Phumzile Sokhela, said they sought answers as to exactly what the Society for the Protection of our Constitution is and whether it is an NGO which launched the 2022 court case in the public interest, as claimed by it. The court was told that if it did not receive these answers, it would ask that attorney Zehir Omar, who was involved in the application, be slapped with the costs order. It has huge financial implications, because if it is found to be a genuine NGO, the “Biowatch principle will be followed”. In South African law, this principle relates to costs orders in constitutional litigation against the state.
Here again we find an unusual twist in a court case more directly related to the President. The Phala Phala case has cast a black mark on Ramaphosa’s presidency. If the supposed NGO was confident in their case, why would they feel the need to withdraw it? Who has the right to withdraw the case, if there was no basis? If “the Society for the Protection of our Constitution” as this NGO calls itself believed their case against the President was not sufficient enough, why put it forward in court? Attorney Omar is likely to pay from his own pocket the expenses of the case and the saga of the scandal surrounding the interest of the case will continue? The mystery surrounding the NGO and why they did not answer the court’s questions remains a point of contention. If they were acting in the “public interest” why withdraw the case?
As the first case relating to the allegations against President Ramaphosa and Mayor Green-Hills unfolds, the second has ended before it had even begun but the truth will emerge.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
