Opposition parties are furious at the National Prosecuting Authority’s (NPA) decision to drop charges against President Cyril Ramaphosa and all those connected to the Phala Phala incident.
Advocate Mukhali Ivy Thenga, the Director of Public Prosecutions (DPP) for Limpopo, declared on Friday that the Authority will not be pursuing the case any further following what it called a “comprehensive investigation” by the Directorate for Priority Crime inquiry (DPCI).
In 2022, a scandal involving former spy chief Arthur Frazer accusing Ramaphosa of money laundering at the Rosebank police station made news.
A purported $580 000 (about R8.7 million at the time) was taken from the farm and concealed in a sofa. Since then, Ramaphosa has denied any involvement in illegal activity, claiming that the money taken was the proceeds of selling games at his farm.
The DA, the second-largest party in the Ramaphosa-led Government of National Unity (GNU), has voiced concerns about this decision.
This has drawn criticism as the two top parties of the GNU, the ANC and the DA, have been at odds recently over a number of issues, including the signing of the Basic Education Laws Amendment Bill (Bela).
The African Transformation Movement (ATM), EFF, the DA among others, have vowed to continue pursuing justice, with the uMkhonto weSizwe Party (MKP) refusing to back down on its private prosecution of Ramaphosa.
Last week, Deputy National Director of Public Prosecutions Shamila Batohi cautioned that the justice system should be careful “not to abuse private prosecution to further agendas”.
However, MKP spokesperson, Nhlamulo Ndhlela, expressed dismay at the NPA’s decision, citing “glaring evidence” of Ramaphosa’s involvement in criminal activity.
“We need to look at the sequence of events, including the president’s admission of transacting with large amounts of cash during Covid-19,” Ndhlela said.
Ndhlela further said the party demanded answers from the Reserve Bank, Financial Intelligence Centre, and SARS.
“The president himself confirmed that indeed he was transacting. Section 89 says that you are not allowed to conduct business… Also if it’s done legally why were the dollars in couches?” Ndhlela asked.
He further accused Batohi of being Ramaphosa’s puppet.
“The president is found with glaring evidence to be involved in criminality… so he must be prosecuted and the NPA must make sure that they deliver according to their mandate as a Section 9 institution to ensure that they prosecute the president.
“Part of the reason we are doing this is because we want to put it on record to expose the judiciary system and this is one of the ways of exposing it…So we are saying we will deal with the Phala Phala issue inside parliament and outside parliament and we will use any prescripts within the law to deal and to surface the issues that South Africans are concerned about when it comes to this president who is a constitutional delinquent,” Ndhlela said.
The ATM has rejected the NPA’s decision, labelling it “legally flawed” and “undermining the principles of justice, transparency, and accountability“.
The party’s spokesperson, Zama Ntshona, emphasised that Ramaphosa’s inaction constitutes a clear violation of the Prevention and Combating of Corrupt Activities Act (PRECCA).
“The FIC, under Section 28, stipulates that any cash transaction exceeding R25,000 must be reported to the Financial Intelligence Centre (FIC). The president has, by his own admission, violated this law by holding $580 000 in cash at his Phala Phala farm, an amount significantly exceeding the legal threshold,” Ntshona said.
The EFF echoed similar sentiments, condemning the NPA’s decision as “protecting Ramaphosa and those who commit crime”.
The party highlighted the Independent Panel Report’s findings, which revealed deliberate intention to conceal the investigation and abuse of power.
DA MP Glynnis Breytenbach expressed concern over the NPA’s lack of transparency and accountability, urging Batohi to review the decision.
“This decision fails to meet the expectations of transparency and accountability. It is too important a matter to simply go unanswered and without consequences for those implicated,” Breytenbach said.
At the time of going to print, Presidency spokesperson Vincent Magwenya had not commented on whether Ramaphosa was preparing to defend himself on the private prosecution when it was launched.
The NPA in Limpopo referred questions to their Friday statement.
The Star
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