President Cyril Ramaphosa.
- President Cyril Ramaphosa ‘may have committed serious violations’ and broken anti-corruption laws.
- This was the finding of the independent panel that investigated the Phala Phala affair.
- The panel found that Ramaphosa did not report the theft on his farm to any police officer as required by law.
The independent panel appointed by the speaker to investigate whether there was evidence of wrongdoing by President Cyril Ramaphosa in the Phala Phala saga has said there is “prima facie” evidence that he broke anti-corruption laws.
Led by former Chief Justice Sandile Ngcobo, the panel found that Ramaphosa may have committed a serious breach of section 34(1) of the Corrupt Activities Prevention and Combat Act.
“Serious misconduct in which the President breached section 96(2)(b) by acting in a manner that is inconsistent with his office. A serious misdemeanor in which the president breached section 96(2)(b) by exposing himself to a situation involving a conflict between his official responsibilities and his private business,” the report read.
Furthermore, the panel found that Ramaphosa did not report the theft on his farm to any police officer, as required by law.
“Reporting the matter to General Wally Rhoode, a member of the Presidential Protection Unit, does not comply with the South African Police Service Amendment Act 2012, which mandates that the police officer in the Crime Investigation Directorate must be reported. Priority in terms of Section 34(1) of the Preventing and Combating Corrupt Activities Act 2004,” the report read.
The fact that there is no case number to date is evidence that the way in which the alleged reporting was made was irregular and illegal, the panel found.
a hot topic
The Phala Phala saga became a hot topic in June, after former director general of the State Security Agency, Arthur Fraser, opened a kidnapping and money laundering case against members of Ramaphosa, Rhoode and Crime Intelligence. Fraser alleged they covered up a robbery at Ramaphosa’s Phala Phala farm in February 2020.
National Assembly Speaker Nosiviwe Mapisa-Nqakula appointed the Section 89 inquiry panel following a motion by ATM leader Vuyolwethu Zungula for the removal of Ramaphosa for “a serious violation of the Constitution or the law and a serious fault.” Article 89 of the Constitution allows for the removal of a sitting president on grounds of a serious violation of the Constitution of the law; Serious misconduct or inability to perform the duties of the position.
The panel delivered its report to the Speaker earlier on Wednesday.
Ramaphosa has strongly denied any wrongdoing related to the Phala Phala saga, revealing that his game farm operates “largely at a loss” and that he has financed it largely out of pocket.
Ramaphosa will consider report
In a statement, Ramaphosa’s office said the Section 89 process has presented an extraordinary and unprecedented moment for South Africa’s constitutional democracy.
“The panel’s findings require careful reading and proper consideration in the interest of the stability of the government and the country,” the statement read.
Ramaphosa reiterated the statement he made in his submission to the independent panel:
“I have made an effort, throughout my term as President, not only to fulfill my oath, but also to set an example of respect for the Constitution, its institutions, due process and the law. I categorically deny that I have violated this oath in any way, and likewise deny that I am guilty of any of the charges made against me.”
Furthermore, Ramaphosa’s office is considering the report and an announcement will be made in due course.
