EFF statement on the decision of the Director of Public Prosecutions not to prosecute Phala Phala crimes
11 October 2024
The Economic Freedom Fighters (EFF) is dismayed, but not surprised, by the decision of the Limpopo Director of the National Prosecutions Authority (NPA) not to prosecute anyone in relation to the crimes committed at the Phala Phala farm, owned by Mr. Cyril Ramaphosa, a sitting President.
The investigation into the crimes at Ramaphosa's farm were initiated after a complaint was laid by Mr. Author Fraser, to the extent that serious crimes were committed at Mr. Ramaphosa's farm. The crimes included possession of undeclared and illicit foreign currency; the abduction and torture of workers at the farm, including women, by agents of Ramaphosa; the use of State resources to follow up and arrest those suspected of having stolen the foreign currency from the farm, including tracking these people outside the borders of the country; and the failure to report this crime by Ramaphosa and his agents, purportedly to hide the illicit foreign currency at his farm.
The refusal by the NPA to prosecute these crimes is a continuation of a pattern by key State institutions to shield Ramaphosa from accounting for his many crimes. It is akin to how State resources were used to shield and protect former President Jacob Zuma from accounting at the height of his power as president. This is the core of State capture, the use of resources of the State for the advancement of the interests of individuals, to the extent that the basic tenets of the law are violated, time and again, to protect the politically powered.
It is deeply concerning that the prosecutions authority, under the hapless Shamila Batohi, has allowed itself to be used in this manner to protect Ramaphosa and those who commit crime, for as long as they are associated with Ramaphosa.
Previously, the South African Reserve Bank (SARB) absolved Ramaphosa from accounting, declaring there was no evidence of illegality despite there being no dispute that almost a million Dollars in undeclared currency were found in his farm.
The Pubic Protector, which by all intents and purposes is a President Protector, also absolved Ramaphosa from any responsibility. This type of conduct by these critically important institutions of the State make the darkest of the Zuma year's look like a Sunday picnic. Ramaphosa has succeeded where Zuma failed.
The only report that called on Ramaphosa to account for his crime was the Independent Panel Report which was submitted to Parliament as part of the impeachment proceedings against Ramaphosa. The Panel, led by former Chief Justice Ngcobo, found that:
1. There was a deliberate intention not to investigate the commission of the crimes committed at Phala Phala openly.
2. The misconduct based on violations of the provisions of section 96(2)(b) and the violation of section 34(1) of PRECCA were committed to keep the investigation a secret.
3. The request to the Namibian Police to "handle the matter with discretion" confirms this intention.
4. The President abused his position as Head of State to have the matter investigated and seeking the assistance of the Namibian President to apprehend a suspect.
5. There was more foreign currency concealed in the sofa than the amount reflected in the acknowledgement of receipt. This raises questions on the source of the additional currency.
This is just a few of the findings the Panel made, which all make a strong prima facie case that Ramaphosa was actively involved in the commission of these crimes at the farm.
The EFF will not rest until Ramaphosa is held to account for Phala Phala, and the matter is set to be heard at the Constitutional Court at the end of the October 2024.
Like Zuma, he will have no protection when he is removed from office. In fact, the same institutions that are protecting him from accounting, will be at the forefront to ensure that he is imprisoned when he exits office, as we have seen with Zuma.
Issued by Leigh-Ann Mathys, National Spokesperson, 11 October 2024
