Ramaphosa should still answer for Phala Phala

The Economic Freedom Fighters (EFF) are marching to the Constitutional Court in Johannesburg to demand the release of the judgment on the review of Parliament’s decision to reject an Independent Panel Report on Phala Phala.

The report found prima facie evidence related to the February 2020 theft of $580,000 from the couches of President Cyril Ramaphosa’s Phala Phala Farm.

A criminal case was initiated on June 1, 2022, against the President of South Africa, accusing him of corruption, bribery, kidnapping, and money laundering.

Ramaphosa has consistently denied any wrongdoing, saying that the money was legally acquired from selling Ankole cattle.

He said he did not report the crime to avoid alarming the farming community, and instead, the presidential security team looked into the theft.

An Independent Panel was established to investigate whether there was prima facie evidence to pursue an impeachment inquiry by Parliament, led by Former Chief Justice Sandile Ngcobo.

The Panel found, on a prima facie basis, that there was a deliberate effort to conceal the Phala Phala crimes from open investigation, including violations of section 96(2)(b) of the Constitution and section 34(1) of PRECCA.

The request for the Namibian Police to “handle the matter with discretion” reinforced this intention.

The President is said to have abused his position by involving state authorities and even seeking help from the Namibian President to pursue a suspect.

The panel also noted that more foreign currency was hidden in the sofa than was officially recorded, raising questions about the source of the extra cash.

ANC thwarts the report and EFF review

However, at the time, the African National Congress (ANC) used its majority in Parliament to vote against adopting the report, which would have seen the National Assembly begin impeachment proceedings against Ramaphosa.

In 2024, the EFF took this decision to the Constitutional Court “so that it can be set aside and the report sent back to Parliament, which is constitutionally obligated to hold the Executive accountable.”

The apex court heard the review application by the EFF on 26 November 2024, but has yet to release its judgment.

“The failure by the Constitutional Court to provide this judgement and provide certainty on whether the decision by Parliament to refuse to hold the Executive accountable was lawful or not, gives the impression that the President of the Republic of South Africa is above the law,” said the EFF in a statement.

“As there are continued concerns around the capture of law enforcement agencies and the judiciary, the continued and inexplicable withholding of the Phala Phala judgment gives credence to suspicions that our judiciary is captured,” it added.

Advocate Shamila Batohi, National Director of Public Prosecutions, stated during a parliamentary inquiry that the Limpopo DPP’s decision not to pursue charges in the Phala Phala case is under review.