JUST IN: Gcaleka clears Ramaphosa of wrongdoing in Phala Phala matter

Acting Public Protector Advocate Kholeka Gcaleka has cleared President Cyril Ramaphosa of wrongdoing in the Phala Phala farm saga.

Former State Security Agency Director General, Arthur Fraser reported Ramaphosa to the South African Police Service (SAPS) over the theft of foreign currency at his Phala Phala game farm in Limpopo in 2020.

In his affidavit, Fraser said that Crime Intelligence officials kidnapped and interrogated suspects that were involved in the burglary. Some members of opposition parties have since opened cases against Ramaphosa based on these allegations, including that of gender-based violence.

RAMAPHOSA CLEARED IN PHALA PHGALA FARM SAGA

In a media briefing on Friday, 30 June Gcaleka said considering the evidence in its entirety and the application of the law there is no basis to exalt such deliberations to a degree where it can be held that there existed a potential conflict of interest in the part of the president regarding his duty as the head of Cabinet and his interests in the cattle farming at Phala Phala farm in violation of the code.

“No evidence could be found to underpin a finding or a conclusion that the president’s utterances in the regard were a continuous act to be considered or construed as active involvement in the business or paid work,” Gcaleka said.

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In 2022, an independent panel established in terms of Section 89 of the Constitution was formed to establish whether Ramaphosa has a case to answer regarding the theft of foreign currency at his Phala Phala farm in 2020. On 30 November, the panel submitted a report to the Speaker of the National Assembly, Nosiviwe Mapisa-Nqakula, which has since been made public.

The panel said one of the troubling features about the source of the stolen foreign currency is that the theft was never reported to the South African Police Service (SAPS) for investigations as an ordinary crime. Nor was the theft reported under section34(1) of PRECCA (Prevention and Combating of Corrupt Activities Act 12 of 2004).

It further said that there is substantial doubt about the legitimacy of the source of the currency that was stolen and that this is a serious matter which if established, renders the violation of section 96 of the Constitution and PRECCA, a serious violation, and a serious misconduct.

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The panel said that the information presented to it, prima facie, establishes that:

• There was a deliberate intention not to investigate the commission of the crimes committed at Phala Phala openly.
• The misconduct based on violations of the provisions of section 96(2)(b) and the violation of section34(1) of PRECCA were committed to keep the investigation a secret.
• The request to the Namibian Police to “handle the matter with discretion” cofnrims this intention.
• Ramaphosa abused his position as Head of State to have the matter investigated and seeking the assistance of the Namibian President to apprehend a suspect.
• There was more foreign currency concealed in the sofa than the amount reflected in the acknowledgement of receipt. This raises the source of additional currency.

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