President Cyril Ramaphosa is off the hook as the Director of Public Prosecutions in Limpopo, advocate Mukhali Thenga, has made a decision not to prosecute anyone about the controversial Phala Phala case.
In June 2022, former State Security Agency Director General Arthur Fraser opened a case against Ramaphosa following the theft of $4 million hidden in a couch during a break-in at his Phala Phala game farm in Bela Bela, Limpopo, in February 2020.
Ramaphosa admitted to a break-in at his game farm but never reported the matter. Fraser then called on the SAPS to investigate Ramaphosa’s conduct, alleging that it amounted to the commission of money laundering and corruption.
NPA DECLINES TO PROSECUTE IN PHALA PHALA CASE
The NPA said its decision not to prosecute follows a comprehensive investigation process conducted by the Directorate for Priority Crimes Investigation (also known as the HawksI) following Fraser’s complaint.
The investigations also covered any possible contravention of the Income Tax Act 58 of 1962 and Exchange Control Regulation 1962. This was subsequent to the break-in and theft of an undisclosed amount of US dollars at Phala Phala Farm, Bela Bela, Limpopo.
The prosecuting authority said the DPP made the decision not to prosecute after carefully assessing all available evidence presented to the prosecutors by the DPCI.
Thenga concluded that there is no reasonable prospect of a successful prosecution based on evidence in the docket.
“The DPP made her decision in line with the Prosecution Policy of the NPA, which states that a prosecutor, in deciding whether to institute criminal proceedings against an accused person, must assess whether there is sufficient and admissible evidence to provide a reasonable prospect of a successful prosecution,” the statement read.
It added that various factors must be considered when the prosecutor evaluates evidence, notably:
- The strength of the case for the State.
- The availability of evidence.
- Whether the State witnesses are likely to be credible.
- The admissibility of evidence.
- The reliability of evidence.
- The strength of the case for the defence.
RAMAPHOSA CLEARED OF WRONGDOING
In late 2022, an Independent Section 89 Panel found that there was prima facie evidence that Ramaphosa had violated his oath of office and broke anti-corruption laws after the cash was stolen from his farm in 2020.
In December 2023, the National Assembly debated whether to adopt or reject the Section 89 report. As previously reported, 214 Members of Parliament voted against the adoption, averting Ramaphosa’s potential impeachment.
Probes by the South African Reserve Bank (SARB) and the Public Protector found President Cyril Ramaphosa not guilty of breaching the Executive Ethics Code.
WHAT DO YOU THINK ABOUT THE NPA’S DECISION NOT TO PROSECUTE ANY OF THE SUSPECTS IN THE PHALA PHALA CASE?
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