NPA DECLINES TO PROSECUTE ON PHALA PHALA CASE

10 October 2024

The Director of Public Prosecutions (DPP) in Limpopo, Adv Mukhali Ivy Thenga has taken a decision not to prosecute anyone in relation to the Phala Phala case.

This decision follows a comprehensive investigation process that was conducted by the Directorate for Priority Crimes Investigation (DPCI) following a complaint laid by Mr Arthur Fraser with the South African Police Service (SAPS). The criminal complaint was registered against the President of the Republic of South Africa, Mr Matamela Cyril Ramaphosa.

The complainant requested the SAPS to investigate the conduct of the President and that of Major General Wally Roode, alleging that it amounted to the commission of money laundering and corruption. The investigations also covered any possible contravention of the lncome 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 decision not to prosecute was taken by the DPP after a careful assessment of all available evidence presented to the prosecutors by the DPCI.

She concluded that there is no reasonable prospect of a successful prosecution based on evidence contained 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.

Various factors must be considered when the prosecutor evaluates evidence, notably (i) the strength of the case for the State, (ii) the availability of evidence, (iii) whether the State witnesses are likely to be credible, (iv) the admissibility of evidence, (v) the reliability of evidence, and (vi) the strength of the case for the defence.

Issued by: Director of Public Prosecutions, Limpopo, 10 October 2024