The National Prosecuting Authority says Ramaphosa is off the Phala Phala hook
The African Transformation Movement (ATM) will continue with its attempts to hold President Cyril Ramaphosa to account over the Phala Phala scandal, despite the decision of the National Prosecuting Authority (NPA) not to prosecute any person over the matter.
Limpopo director of public prosecutions (DPP) Mukhali Ivy Thenga announced on Thursday that after “careful consideration” of the evidence available the NPA had taken a decision “not to prosecute anyone in relation to the Phala Phala case”.
Charges of money laundering, corruption, tax evasion and currency control violations had been laid against Ramaphosa and his former head of security, General Wally Rhoode, over the theft of an undisclosed amount of dollars from his game farm.
Former prisons boss Arthur Fraser also laid charges over an allegedly illegal operation carried out to try to recover the money stolen from the president’s Bela Bela farm while he was out of the country.
ATM president Vuyo Zungula said the party would continue to “pursue all legal avenues to ensure that the president is held accountable for his actions in relation to Phala Phala”.
These would include the review application of parliament’s decision not to institute a section 89 impeachment process during the last term, which is due to be heard in November at the constitutional court.
He said the party would also continue with its bid to set aside the public protector’s Phala Phala report, which exonerated the head of state.
Zungula said the ATM rejected the NPA decision not to prosecute, which was not only “legally flawed” but “fundamentally undermines the principles of justice, transparency, and accountability that are essential to upholding our democracy”.
The NPA decision reflected a “gross failure to consider key evidence” and the obligations that fell on the president in terms of the Prevention and Combating of Corrupt Activities Act, which compelled him to report the robbery to the Directorate for Priority Crime Investigation.
“The president’s inaction constitutes a clear violation of this law, as highlighted by the complaint brought forth by Arthur Fraser,” Zungula said.
He said the NPA decision failed to take into consideration alleged violations of the Financial Intelligence Centre Act, South Africa’s tax laws and the South African Reserve Bank’s Exchange Control Regulations by the president.
“It is incomprehensible that the NPA could overlook such blatant violations and allow the president to evade scrutiny simply because they believe the available evidence does not offer a ‘reasonable prospect’ of conviction,” Zungula said.
“This raises serious concerns about a biased application of the law that favours politically connected, wealthy, and powerful individuals.”
He urged the NPA to “prioritise transparency and accountability by making public the documentation and evidence that led to their decision not to prosecute”.
“It is essential that the NPA demonstrates that no one is above the law and that all allegations of corruption and misconduct are addressed with the seriousness they warrant.”
Zungula said the ATM was “deeply troubled” by the NPA’s delegation of the decision on a matter of national importance, involving the president, to a provincial office.
“This act diminishes the gravity of the situation and signals a troubling lack of seriousness in addressing this issue,” he said.
Zungula also criticised the NPA for announcing the decision through a “mere press statement” without subject itself to public scrutiny “reflects a disturbing lack of transparency”.
“A matter of this magnitude demands rigorous public accountability, not backdoor announcements,” he said.
Zungula said the ATM “will not stand idly by while these injustices persist”.
“The president has violated multiple laws, and South Africans deserve better than the double standards being applied here,” he said.