JUDICIAL FOCUS: Phala Phala review puts ‘paid work’ and business interests under spotlight

The Western Cape high court review of the Section 89 panel finding on President Cyril Ramaphosa's involvement in the Phala Phala saga has highlighted the importance of defining what constitutes "paid work" in the context of the executive ethics law. The Section 96 of the Constitution, the Executive Ethics Act, and the executive ethics code all prohibit the President and his executive from undertaking "any other paid work."

In the court proceedings, advocate Kessler Perumalsamy for the African Transformation Movement argued that Ramaphosa's active role in the trading from the Phala Phala game farm and cattle farm constituted paid work, while EFF advocate Mfesane ka-Siboto argued that disclosing a business interest did not negate bad faith. The court proceedings have emphasized the need for a clear definition of paid work in relation to loyalty to an employer and the obligations of office, as well as the importance of transparency and disclosure of business interests.

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