The Congress of South African Trade Unions (COSATU) notes the Constitutional Court directive to Parliament on the Phala Phala Report by Justice Sandile Ngcobo, specifically that the Legislature must establish a parliamentary committee to consider and vote upon the Report.

The Federation respects the constitutional role of the judiciary and in particular its mandate to hold the executive accountable without fear or favour.  We appreciate the manner in which President Cyril Ramaphosa has sought to affirm the independence of the judiciary at all times and to subject himself to its full scrutiny as the Head of State.

We await Parliament’s consideration of this weighty issue and urge Members of Parliament to approach this serious matter for workers and the nation, with the necessary sobriety.  These are times of immense global and domestic instability which pose real threats to the nation.  They require cool and calm heads and less twerking for social media likes or sound bites for television cameras let alone rash or emotional actions.

We are heartened that South Africa is a constitutional democracy where everyone, including Heads of State, is subject to parliamentary oversight, judicial scrutiny and public verdicts.  Such constitutional principles must not be taken for granted as we have seen in many other peer nations from the Americas to Africa, Europe and Asia have found even the most established democracies’ institutions fragile to manipulation. 

The Federation urges Parliament to consider this matter with the necessary meticulous and foresight.  We cannot afford for the legislature to cut or be seen to cut corners.  It is important that Parliament be given the space to fulfill its constitutional responsibilities.  It is equally critical that the Bill of Rights’ assurance of the right to be presumed innocent until proven guilty be upheld for all citizens, including a Head of State.

Issued by COSATU

Matthew Parks (COSATU Parliamentary Coordinator)

Mobile: 082 785 0687

Email: matthew@cosatu.org.za