NOTE: The original version of this article has been updated to include comments from the Public Protector’s office.
The African Transformation Movement (ATM) has been granted permission to take the public protector’s “faulty” Phala Phala report on review, and the matter is going to be heard in court early next year.
ATM president Vuyo Zungula confirmed this week that the high court in Pretoria granted the party’s request to take public protector Adv Kholeka Gcaleka’s Phala Phala report on review, and they are looking forward to proving in court that the report is not worth the paper it is written on.
But the public protector’s office accused Zungula of shameless bravado and disinformation. Spokesperson Khulu Phasiwe said claims by ATM leader Vuyo Zungula that the court had granted his party permission to take the matter on review were “presumptuous and disingenuous”.
Gcaleka, in her report, exonerated President Cyril Ramaphosa from any wrongdoing after thieves broke into his farm and stole an undisclosed amount of money in US dollars.
The money was found concealed in furniture at Ramaphosa’s game farm called Phala Phala in Bela Bela, Limpopo.
Former State Security Agency (SSA) director-general Arthur Fraser, who brought the theft to the public’s attention, estimated the funds to be between $4 million and $8 million.
The farm is owned by the Tshivhase Trust, of which Ramaphosa is the only trustee and beneficiary.
“I can confirm that the permission to take the public protector’s report on review was granted, and the matter will be heard in court early next year.
“We are still waiting for the court to give us a specific date, but it could be between February and March next year,” Zungula said.
Zungula said the ATM, which lodged the court bid last July, believed that Gcaleka did not apply her mind properly and that her report, if analysed properly and independently, suggested that she might have done a shoddy job.
“We believe that the report is faulty on so many fronts. The definition of what is paid work by the public protector, for starters, can’t be accepted, as she suggests that President Ramaphosa must be physically somewhere on the farm getting his hands dirty to be considered that he was getting paid from Phala Phala farm,” he said.
Zungula added that Gcaleka had failed to publicly disclose Phala Phala’s bank account or Tshivhase Trust tax records to prove, without any reasonable doubt, that Ramaphosa was innocent of any wrongdoing.
Ramaphosa had opposed the ATM’s court bid, saying that it was “an unfortunate nit-picking exercise and a criticism” of the manner in which Gcaleka went about her investigation.
However, Phasiwe said claims of a court victory over the Phala Phala report review were opportunistic and misleading. He said no aspect of the ATM’s review application had undergone judicial evaluation or received any court confirmation.
He emphasised the ATM’s procedural missteps since they filed the application on July 31, 2023, noting that the party delayed its supplementary affidavit by over a month and failed to submit its heads of argument, which “significantly disrupted the process.”
He said it was absurd: “As of today, the ATM has still not delivered its heads of argument.” This failure has left the case in prolonged limbo, preventing the court from setting a hearing date. Phasiwe dismissed rumours that the court would allocate a date without notice to other parties as “misleading and not in the public interest.”
Phasiwe added, “This kind of misinformation does a disservice to the public and erodes trust in our legal institutions.” Highlighting Gcaleka’s commitment to the rule of law, he affirmed she would refrain from public discussions until the matter is properly addressed in court.
Ramaphosa has publicly admitted during an ANC provincial conference in Limpopo that he is a farmer.
“I’m in the cattle business. I’m in the [farming and selling] business. This was a clear business transaction of selling animals,” the president said.
Zungula noted that Ramaphosa’s admission as a farmer and businessman was unusual, as it clearly violates the executive ethics code, which explicitly states that “members of cabinet and deputy ministers may not undertake any other paid work”.
However, Gcaleka’s report substantiates the allegations that the president was involved in a conflict of interest between his constitutional duties and obligations and his private interests.
“Ramaphosa is the sole director of Ntaba Nyoni Estates, a company that operates the Phala Phala game farming business,” Zungula said.
Ramaphosa acknowledged in his submission to the parliament-appointed independent panel that he is “the sole member [director] of the close corporation, but I do not work for it and do not receive any remuneration from Ntaba Nyoni”.
“From the inception of Ntaba Nyoni in and around 2001, I have invested my and my family’s money to fund its operations largely at a loss.”
This week, the Constitutional Court heard an application from the EFF and the ATM challenging parliament’s decision not to proceed with an impeachment inquiry against Ramaphosa in the wake of the Phala Phala scandal.
Former chief justice Sandile Ngcobo chaired the independent panel.
The Constitutional Court on Tuesday reserved judgement on the application.
