SA President Subpoenaed by Public Protector over Phala Phala Robbery

Eswatini Daily News
By: Muzi Dlamini

South African President Cyril Ramaphosa has been subpoenaed by the country’s Public Protector over the theft of millions at his Phala Phala Farm.

This comes after Ramaphosa had requested an extension to the July 18 deadline to make submissions relating to an investigation into allegations of a violation of the Executive Code of Ethics against him.

The President initially had 14 days to respond to questions from Acting Public Protector Kholeka Gcaleka but requested an extension of four weeks which was granted. Public Protector spokesperson Oupa Segalwe said the deadline was on Mandela Day, but he again requested another extension which was declined.

“The PPSA will therefore be invoking its subpoena powers in line with section 7(4) (a) of the Public Protector Act 23 of 1994, read with section 5 thereof. Section 7(4) (a) provides that: For the purposes of conducting an investigation, the Public Protector may direct any person to submit an affidavit or affirmed declaration or to appear before him or her to give evidence or to provide any document in his or her possession or under his or her control which has a bearing on a matter being investigated and may examine such person,” Segalwe said.

Ramaphosa’s woes started when former State Security Head Arthur Fraser laid a criminal charge against him for concealing the robbery and not reporting it to the police. Fraser claimed that $4 million (E68 million) had been stolen in 2020, and the suspects were hunted down, captured, tortured, and part of the loot returned. They were allegedly also paid E150 000 to keep quiet about the incident.

Following that, a complaint was lodged with the Public Protector last month by the leader of the African Transformation Movement, Vuyo Zungula. That was followed by three further complaints, one filed by the Democratic Alliance and two by public members.

Public Protector Busisiwe Mkhwebane confirmed that an investigation would follow. Shortly after that, Ramaphosa suspended her, pending the outcome of a Parliament’s section 194 inquiry into her fitness to hold office.

The inquiry is ongoing with people Mkhwebane has made findings against taking to the stand.

Political parties in the country have welcomed Ramaphosa’s subpoena. John Steenhuisen, the leader of the official opposition party, the Democratic Alliance, said it was encouraging to see a Chapter 9 institution investigating the matter with the urgency and seriousness it requires.

“We have seen little agency or appetite from other relevant investigatory bodies and institutions such as the South African Reserve Bank, the South African Revenue Services, and the National Assembly to pursue this matter with any determination. The biggest disappointment is that merely two weeks after the release of the final Zondo Report, which highlighted Parliament’s failure to hold the executive accountable, National Assembly Speaker Nosiviwe Mapisa-Nqakula, refused to establish an ad-hoc committee to investigate the Phala Phala matter,” he said.

Steenhuisen added that there had been no appetite from the Justice, Police, and Intelligence committees to investigate the matter.

“It is deeply disturbing that despite the recommendations made by Judge Raymond Zondo regarding Parliament’s role in oversight and accountability in our democracy, the National Assembly continues to act as an extension of the ANC, choosing to protect the President and the Executive at all costs. We are seeing history repeating as Phala Phala becomes Ramaphosa’s Nkandla,” he said.

He maintained that this was a deeply embarrassing development for a sitting President and caused immense damage to South Africa’s domestic and international image and the Office of the Presidency.

“The nation demands answers, not obfuscation and equivocation from our head of state. The President recently told the SACP conference that he does “have answers” for Phala Phala, yet he steadfastly refuses to provide them,” he said.

The Economic Freedom Fighters (EFF) echoed the sentiments, saying Ramaphosa’s failure to meet the deadline made him “a constitutional delinquent”.

Ramaphosa has to date, not come out clean regarding what transpired at his farm. He has only confirmed the robbery and maintained that the stolen money was far less than what is being reported and was the proceed of game sales. He said he couldn’t speak on the matter and would allow the law enforcement agencies to do their work.