Phala Phala scandal report deadline moved to November 30

Parliament Speaker Nosiviwe Mapisa-Nqakula has extended the deadline for the release of the report into the Phala Phala game farm scandal by more than two weeks.

The report, which was supposed to be submitted to the National Assembly on Thursday, will now be handed over on November 30.

The postponement comes after the chairperson of the panel appointed to probe the matter requested more time. According to parliament spokesperson, Moloto Mothapo, the panel has assessed the probability of completing the report by Thursday and concluded that it would be improbable considering the amount of work that still needs to be done.

Mothapo said, however, that the panel is certain that it would be done with the report by the extended break.

Said Mothapo: “The speaker of the National Assembly has received correspondence from the chairperson of the Independent Panel of Experts conducting a preliminary assessment of a motion tabled in accordance with Section 89 of the constitution, retired chief justice Sandile Ngcobo, requesting for an extension of the deadline for the submission of the report of the panel.

“In his letter, the chairperson indicated that the panel had assessed the inquiry process to determine if it will meet the submission deadline of Thursday, 17 November 2022, and had, based on its assessment of the amount of ground still to be covered, and the available resources, determined that the inquiry should be completed within 13 days, that is by 30 November 2022.

“The panel said the additional time requested was realistic taking into account the importance of the inquiry, its complexity, as well as the novelty of the nature of work involved.”

Mothapo said Mapisa-Nqakula has considered that it is not advisable to extend the deadline according to the rules governing Section 89, but has resolved to employ rule six which encompasses the likely events of “unforseen circumstances”.

“In considering the request of the panel, the speaker was mindful that the current rules governing the Section 89 process do not provide for extension of deadline for submission of the panel report. In this regard, the speaker has invoked rule six which deals with unforeseen circumstances to accede to the panel’s request.

“In terms of this rule, the speaker may give a ruling or frame a rule in respect of any eventuality for which the rules or orders of the House do not provide, having due regard to the procedures, precedents, practices and conventions developed by the House and on the basis of constitutional values and principles underpinning an open, accountable and democratic society.

“The speaker has accordingly extended the deadline on which the panel will submit its report from November 17 2022 to November 30 2022.

“The speaker concurs with the panel chairperson that the extreme importance of the panel’s work to the members of the National Assembly, the president and the people of South Africa required the panel to carefully consider all the information and submissions placed before it.”

The panel and the allegations

President Cyril Ramaphosa is under fire over an alleged theft that took place at his Phala Phala farm in Limpopo in February 2020. The details of the crime came to light after former State Security Agency boss Arthur Fraser laid a criminal case against Ramaphosa in June.

Fraser alleged that $4-million (R71-million) was stolen at the president’s farm. Fraser reported a kidnapping and money-laundering case against Ramaphosa, Major-General Wally Rhoode, and crime intelligence members for allegedly concealing and not officially reporting a burglary at the farm.

Fraser named Imanuwela David, Errki Shikongo, Petrus Muhekeni, Shaumbwako and Petrus Afrikaner as the alleged perpetrators of the heist. The former spy boss, who is largely seen as an ally of former president Jacob Zuma, also alleged people suspected of being involved were questioned in an off-book operation.

He claimed that immediately after the incident, Rhoode constituted a team of former police and serving members of crime intelligence to hunt down the suspects all the way to Namibia.

Sunday World reported in October that the future of Rhoode hangs in the balance after he was slapped with three charges over his alleged failure to report the multimillion-rand theft at Ramaphosa’s game farm.

Rhoode, the demoted head of the presidential protection unit, has been slapped with a notice of suspension related to his role in the Phala Phala theft. Sunday World understands that Lt-Gen Samson Shitlabane, under whom the unit was recently transferred, served Rhoode with a notice of suspension in September.

In July, national police commissioner Fannie Masemola, who had just ascended to his post, announced that Rhoode would no longer report directly to the commissioner but to Shitlabane, a move that could be viewed as sidelining the major-general, who was head of security during Ramaphosa’s 2017 campaign to become ANC president.

Rhoode is facing three charges of serious misconduct including that he failed to open a case after the break-in at the farm and instead decided to conduct an investigation himself.

The panel, formally called the Section 89 Independent Panel, was established to assess whether Ramaphosa has a case to answer on constitutional grounds on the matter.

Ngcobo chairs the panel alongside advocate Mahlape Sello and former high court judge Thokozile Masipa.

The scandal remains a big elephant in the room, as investigations protract, the nation grows increasingly angry and eager to find out what exactly happened at the farm with many calling for the president to excuse himself.

During a briefing earlier in the week, Ramaphosa’s spokesperson Vincent Magwenya said the president would only step aside if he is found guilty.

Also read: ‘Split ANC NEC can’t provide leadership on Phala Phala saga’

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