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President Ramaphosa’s Legal Quagmire: Unraveling Contradictions in Case Number 2024-053030

Caroline Du Plessis



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In the intricate web of legal battles and assertions, Case Number 2024-053030 emerges as a beacon of controversy and contradiction, shining light on the tangled threads of South African jurisprudence. At the heart of this matter lies a glaring contradiction that demands scrutiny and exposes President Ramaphosa to a case he must answer.

The genesis of this legal labyrinth traces back to Case Number 2016-040602, where the Administrator of SMM boldly presented a sequestration application. However, the legal assertion by Matambo throws a spanner in the works, declaring that SMM ceased to exist as a company on September 6, 2004. This contradiction is not just a procedural hiccup but a critical juncture that unveils layers of materiality and relevance.

Enter the stage of s. 172(1)(a) application—a realm where the High Court wields the sword of jurisdiction to scrutinize decisions of unilateral, irrational, capricious, invalid, and unlawful nature made by the President. Here, the contradiction takes center stage, spotlighting the legality and validity of judgments sought and obtained under the auspices of Zimbabwean law, a law labeled draconian and repugnant.

The crux of the matter hinges on conduct falling within the ambit of s. 2 of South Africa’s legal framework. Does the recognition of these judgments align with fundamental legal principles? The doctrines of separation of powers, equality, audi alteram partem, due process of law, and legal personhood stand sentinel, demanding a reckoning of their integrity.

Beyond legal semantics, this contradiction pierces through the veil of authority and incumbency. It poses a poignant question: Can entities rooted in foreign laws antithetical to South African public policy, the SADC Treaty and Protocol, and international law claim the mantle of legal standing in South Africa? The bedrock of legal personhood trembles under this inquiry, underscoring its indispensability in the realm of legal recognition and authority.

In essence, Case Number 2024-053030 acts as a crucible, testing the compatibility of foreign legal frameworks with South African legal principles and public policy. It beckons us to navigate the murky waters of cross-border legal disputes, ensuring that the compass of justice points unwaveringly towards fairness, adherence to the rule of law, and the preservation of foundational values.

As the gavel falls on Tuesday, May 21, 2024, President Ramaphosa finds himself at the epicenter of this legal storm. The contradictions laid bare demand answers, and the High Court stands poised to unravel the intricacies of law and justice, casting a light on the path towards legal integrity and accountability.

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