Suspended public protector Busisiwe Mkhwebane has joined the fray, calling for the National Prosecuting Authority (NPA) to prosecute President Cyril Ramaphosa after an independent Section 89 panel found that he may have a case to answer for the 2020 burglary at his Phala Phala farm in Limpopo.
According to the panel, Ramaphosa violated the Prevention and Combating of Corrupt Activities Act (PRECCA), which governs anti-bribery and corruption prevention and enforcement in the country, and section 96(2) of the constitution.
The panel also concluded that the president committed serious misconduct by conflicting his private life and his official responsibilities.
On Tuesday, the national assembly will debate whether to adopt the report and set up an impeachment committee, where Ramaphosa’s fitness to hold office will be under scrutiny.
Pressure is mounting on Ramaphosa to resign as president of the country and of the ANC.
Mkhwebane, who herself is currently in the middle of an impeachment inquiry probing her fitness to hold office, believes that the president should face the music.
In September, the Western Cape High Court set aside Ramaphosa’s suspension of Mkhwebane, saying it could reasonably be seen as retaliation for her decision to investigate Phala Phala farmgate.
Ramaphosa and the DA are appealing the ruling.
Mkhwebane told Sunday World she wants to see the president criminally prosecuted, arguing the NPA would need to issue a nolle prosequi certificate to allow for private prosecution if the prosecuting body fails to charge him.
“Worst on the outcome of the Section 89 committee is the violation of section 34 of PRECCA, which equals to corruption. If NPA does not prosecute, they must issue a nolle prosequi certificate, which will allow for private prosecution.”
The NPA, however, said it needed to await the finalisation of the criminal investigation before making a decision on whether to charge Ramaphosa. “The state is looking at the criminal part, we are still waiting for the investigations to be completed,” said Mashudu Malabi-Dzhangi, spokesperson of the NPA in Limpopo.
After the panel released its report on the president’s alleged crimes, the Institute for Race Relations also weighed in on the matter.
The institute alleges the president may have tried to cover up by suspending Mkhwebane. It said Ramaphosa had ample time to suspend her but chose to do so in the wake of the Phala Phala saga when she had announced her plans to investigate him.
“The parliamentary independent panel investigating impeachment allegations found that (Ramaphosa) is “guilty” on four serious charges relating to the Phala Phala scandal, but evidence on one of the most dangerous allegations was expressly, and alarmingly, omitted.
“There should be no doubt that Mkhwebane should have been suspended years ago. There is also no doubt that Ramaphosa could have suspended her at least since February 2022. The question is therefore why he only suspended her on June 8, the day after she announced her investigation into Phala Phala, the day before a court judgment on whether the removal process was lawful, and months before other court challenges were decided,” the institute said.
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