Organisation that took Ramaphosa to court over Phala Phala scandal faces legal costs after withdrawing application

IOL News

2 days ago

Attorney Zehir Omar could face the legal bill for taking President Cyril Ramaphosa to court in 2022 and later withdrawing the application.
Image: Zelda Venter
In 2022, hot on the heels of the start of the Phala Phala scandal, an organisation which calls itself The Society for the Protection of our Constitution (applicant), launched court proceedings for President Cyril Ramaphosa to be held accountable, but the organisation, which meanwhile withdrew the application, is now facing the legal bill.
The matter was initially brought before the Gauteng High Court, Pretoria, in 2022 in which the applicant cited the president and the National Prosecuting Authority (NPA). It, amongst others, wanted the court to compel the NPA to prosecute the president in relation to Phala Phala.
Ramaphosa has meanwhile been cleared by the ANC's Integrity Commission while the NPA declined to pursue criminal charges on his involvement in the matter.
The Phala Phala scandal revolves around the 2020 theft of a large sum of foreign currency hidden in couches ($580 000 or R8.7 million at the time) at Ramaphosa's farm in Limpopo. Ramaphosa has denied any wrongdoing.
In defending the 2022 court case - before it was withdrawn - the lawyer acting for the president said the application was meritless and constitutes harassment. It was said that the matter has been addressed by the president, and various investigations have been concluded into it.
Although the applicant had withdrawn the application in the meantime, it did not tender to pay the president and the NPA's legal bills in this regard.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.
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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.
It generally means that an unsuccessful litigant in such cases against the state should not be ordered to pay the costs of a successful litigant. However, in this case, if the court rules Omar must pay, he faces a huge legal bill.
It was explained in court papers by the applicant that the society is an NGO and its aim is to promote respect for the Constitution.
It was said that the Society will take all necessary legal action as its members deem fit, to prevent violations of the Constitution.
The court was told that since 1999, the organisation has engaged in litigation to prevent the state and its departments from contravening the Constitution.
It was explained that it is a voluntary association, which aims to keep the government accountable.
The Society also launched court proceedings at the end of last year when it asked that the Government assist the illegal Stilfontein miners who were trapped underground.
The court meanwhile reserved judgment regarding who must pay the legal costs in the Phala Phala application.