President Cyril Ramaphosa’s chances of winning a second term as ANC president were dealt a heavy blow after an independent panel of experts found that there is a prima facie case against him related to the theft that occurred at his Phala Phala farm in Limpopo.
The panel, headed by former chief Justice Sandile Ngcobo, found that Ramaphosa may have committed serious violations of some sections of the Constitution including the Prevention and Combating of Corrupt Activities Act (PRECCA) by acting in a manner that is inconsistent with his office.
Ramaphosa may have committed serious misconduct “by exposing himself to a situation involving a conflict between his official responsibilities and his private business.”
The panel further found that there was prima facie evidence that more than $800 000 was stolen during the burglary at Phala Phala, which was stashed in a sofa and not reported to the South African Reserve Bank (SARB) as required by the country’s laws regulating foreign currency.
Ramaphosa abused his position as the president of the country by seeking assistance from his Namibian counterparts in the apprehension of the suspects.
“Quite apart from this, the President’s private residence is broken into and more than half a million US dollars in cash is stolen. The crime is not reported to the SAPS for investigation in the normal course. Nor is it reported under section 34(1) of PRECCA. Instead, a team led by the President’s Head of Presidential Protection Unit is put up. Included in the team is an ex-SAPS member whose particular expertise is not known other than that he is a social worker,” Ngcobo said in the report.
“This team surreptitiously conducts its investigation and requests the Namibian Police officials to handle the matter “with discretion” because of its “sensitivity” and “the envisaged fall out it will create in South Africa.” The president gets involved in the investigation by seeking “assistance in apprehending the concerned suspect” from the president of Namibia (Hage Geingob). All of this occur amid accusations of torture and bribery of the suspects to by their silence. And if these accusations are established, they make the violations and the misconduct involved in the charges, very serious indeed,” he added.
Ramaphosa, who was told about the incident while he was in Addis Ababa in Ethiopia, has maintained innocence, saying that he had reported the matter to his head of security Wally Rhoode.
The panel found that Ramaphosa did not instruct Rhoode to open a police case and instead told him to investigate the matter and report back to him.
The President was told of the theft of money while he was in Addis Ababa with General Rhoode, and he instructed General Rhoode to investigate the matter and to report to him.
“The investigation was deliberately conducted outside of the normal procedures for investigating crime.”
Earlier the panel handed its report to National Assembly speaker Nosiviwe Mapisa-Nqakula, who indicted it was to be debated on 6 December.
Ramaphosa’s fate now lies in a possible voting to determine whether to institute impeachment processes against him since it has been established that he has a case to answer.
The ANC is holding its elective conference in just over two weeks time and Ramaphosa’s detractors were set to use the report against his re-election.
Ramaphosa’s office said he was “giving consideration to the report and an announcement will be made in due course.”
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