News24
While the debate is raging on the outcomes of former Chief Justice Sandile Ngcobo’s section 89 report which implicated President Cyril Ramaphosa, the former public protector Advocate Thuli Madonsela has cast doubt on the report by unleashing a section in our law that could help the President.
Madonsela posted on her official Twitter account this evening that although she has a great deal of deference for the former chief justice, she is of the view that he might have errered in his conclusion that the president may have a case to answer particularly with regards to the apparent violation of section 34(1) of the Prevention and Combating Activities (PREECA).
She argued that contrary to the report that the president may have violated the section, instead it does not deal with the issue of money stolen from him but corrupt activities involving state resources.
“Looking forward to appearing on Newzroom Afrika at 09h15 tonight. To give you a head-start, I have a lot of respect for Justice Ngcobo but s34(1) of PREECA imposes a duty to report corrupt activities and not theft of money at your own place,” Madonsela said in promise that she will unpack further when she goes live on Tv.
Madonsela
She went further to argue that Justice Ngcobo misdirected himself on the aforementioned section by a failure to get the right wording and context of the section.
“The purposive interpretation of laws. Here the wording and context of seem to have been missed,” she added.
It’s debatable whether Madonsela is right or wrong, but it does give Ramaphosa some hope that if he were to request a judicial review, perhaps a different judge or body would reach a completely different conclusion and clear him of any wrongdoing or violation of certain constitutional provisions.
News24
