EFF
OFFICE OF THE PRESIDENT
Justice Sandile Ngcobo
FORMER CHIEF JUSTICE OF THE CONSTITUTIONAL COURT CHAIRPERSON: INDEPENDENT PANEL ON A SECTION 89 MOTION ECONOMIC FREEDOM FIGHTERS' SUBMISSION TO THE SECTION 89 INDEPENDENT PANEL
A. INTRODUCTION
1. The Economic Freedom Fighters (the "EFF") hereby makes a submission to the Section 89 Independent Panel (the "Panel") established by the National Assembly in terms of Rule 129D to consider any preliminary enquiry relating to the Motion proposing a Section 89 Enquiry. The EFF submission is in accordance with the Panel's 30-day timetable for the report issued on the 20th of October 2022.
2. The EFF submission entails the following:
2.1. Background
2.2. Main submission
2.3. Recommendations to the Panel.
3. The EFF submission includes the following additional video and documents:
3.1.#VIDEO 1: ALLEGED CRIMINALS TRESPASSING AND HOUSEBREAKING IN PHALA-PHALA WILDLIFE FARM.
3.2.#VIDEO 2: CYRIL RAMAPHOSA ADDRESS AT LIMPOPO ANC CONGRESS.
3.3.#VIDEO 3: CYRIL RAMAPHOSA ADDRESS AT ANKOLE CATTLE BREED SOCIETY OF SOUTH AFRICA.
3.4. Former Director-General of State Security and National Commissioner of Correctional Services Mr. Arthur Fraser affidavit.
3.5. Mr. Cyril Ramaphosa's address to Limpopo African National Congress link video and transcript.
3.6. Mr. Cyril Ramaphosa's response to questions in the National Assembly video and transcript.
3.7. Mr. Cyril Ramaphosa's address to the Ankole Society video and transcript.
3.8. Letter to the Directorate for Priority Crime Investigation dated the 23rd of June 2022 about a meeting between Mr. Arthur Fraser and members of the DPCI in relation to Bela-Bela CAS93/06/2022.
3.9. #AUDIO CLIP OF MR CYRIL RAMAPHOSA INVESTIGATOR MR TERRENCE JOURBET
B. BACKGROUND
4. On the 1st of June 2022, the former Director-General of State Security and National Commissioner of the Department of Correctional Services (the "DCS") deposed an affidavit at the Rosebank Police Station in Johannesburg (See Attachment A: Former Director-General of State Security and National Commissioner of Correctional Services Mr. Arthur Fraser affidavit).
5. Mr. Fraser revealed in his affidavit that on the 9lh of February 2020, there was trespassing and housebreaking at the main farmhouse at Phala-Phala, a wildlife farm located in Bela-Bela, Limpopo. and privately owned by Mr. Cyril Ramaphosa, during which incident large undisclosed sums of United States Dollars ("US$") were concealed in the furniture in the main farmhouse. which had been unlawfully removed from Mr. Ramaphosa. The amount stolen is speculated to be in the region of US$4 million to US$8 million (R73.7 million to R14.7 million in terms of US$ to rand exchange rate on the 24th of October 2022).
6. See a video file titled #VIDEO 1: ALLEGED CRIMINALS TRESPASSING AND HOUSEBREAKING IN PHALA-PHALA WILDLIFE FARM.
7. It is now an undisputable fact that, subsequent to the trespassing and housebreaking, the following happened:
7.1. There were undisclosed sums of United States dollars concealed in the furniture, mattress. and couch, to be specific, that were not declared to the South African Reserve Bank. We attach hereto an audio clip in which an investigator tells one of the suspects that the amount is actually much higher than Ramaphosa admitted.
7.2. Mr. Ramaphosa or anyone on the farm who works for Mr. Ramaphosa did not report the trespassing, housebreaking, and theft. As a result, there was no case number linked to any formal investigation by law enforcement agencies.
7.3. An illegal team consisting of former South African Police Services (the "SAPS") and serving members of SAPS' rime Intelligence Unit without a case number
7.4. Staff members, including the domestic worker, were interrogated at Mr. Ramaphosa's residence at Phala-Phala. The domestic worker was subsequently initially dismissed from her employment at Phala-Phala but was later reinstated following a discussion between Mr. Ramaphosa and the domestic worker's father.
7.5. On the instruction of Mr. Ramaphosa, the thieves that were interrogated by Major General Rhoode and his team were paid each R150 000-00 (One Hundred and Fifty Thousand Rand) in cash to conceal the crime that took place at Phala-Phala on the 9' of February 2020.
8. On the 2nd of June 2022, the Presidency issued a statement and said,
"President Ramaphosa is clear that there is no basis for the claims of criminal conduct that have been made against him in Mr Fraser's statement. The Presidency can confirm that a robbery took place at the President's farm in Limpopo on or around 9 February 2020 in which proceeds from the sale of game were stolen. The President was attending an African Union Summit in Addis Ababa at the time the incident occurred. On being advised of the robbery, President Ramaphosa reported the incident to the head of the Presidential Protection Unit of the South African Police Service for investigation."
9. On the 5th of June 2022, Mr. Ramaphosa addressed the Limpopo African National Congress (ANC) congress and said:
"However, I would like to say that I am a farmer, I am in the cattle business and the game business, and through that business which has been declared to parliament and all over, I buy. and I sell animals. Sometimes people buy these animals, and some of the people who bought these animals, some of them are here. I do it through the sale, sometimes I do cash and sometimes I do transfers. Some of the people who are offshore customers, and some are locals. And some of them come to hunt on the farm. So, this that has been reported was a clear business transaction of selling animals. The amount involved is far less than the amount reported in the press. The amount involved is far less than then amount that has been reported. Some say its 1 billion and some say it's four million dollars and so forth. I want to say it is far less. Some are casting aspersions about me and money, I want to assure you comrades that all this was money from proceeds from selling animals. I have never stolen money from anywhere. be it from our taxpayers. be it from anyone, I've never done so. And will never do so. I've never stolen money from taxpayers. My integrity as a leader would never allow me to do so. I will never do so. Now / will continue to fight corruption. I want to make it clear that I will continue to fight corruption. And some of these things, are clearly, they have their own political agenda, and we are all aware of that, but it will not deter me from fighting corruption because I have never stolen taxpayers' money, that I have never done. So therefore, I will cooperate with any process. The renewal process that we are involved in comrades is such that all of us must dedicate ourselves to become the type of leaders who will stand up and be able to say, we are here to serve are people, and we are here to ensure that our people get a better life. That is what drives me, that is what makes me wake up every morning, to serve our people and nothing else."
10. See a video file titled #VIDEO 2: CYRIL RAMAPHOSA ADDRESS AT LIMPOPO ANC CONGRESS.
11.We also attach an audio clip, in which Cyril Ramaphosa's own investigator, and a member of the NPA, tells the suspect that the amount stolen is US Dollars 20 million. This should be regarded as the official position about the amount stolen and known to Mr Cyril Ramaphosa. Accordingly, we submit that he has also lied to Parliament and the public when he stated that the amount stolen is far less than the amount mentioned in Mr Fraser's statement.
12.1n an undated video, Mr. Ramaphosa addressed the Ankole Cattle Breeder Society of South Africa and said:
"The ankole society. not the president of South Africa. The other one is just a nice one to have, the real good one is to be the president of the Ankole society".
13. See a video file titled #VIDEO 3: CYRIL RAMAPHOSA ADDRESS AT ANKOLE CATTLE BREED SOCIETY OF SOUTH AFRICA.
14.0n the 15th of July 2022, Mr. Ramaphosa addressed the 15th Congress of the South African Communist Party and said:
"Just over a month ago, there were criminal charges or complaints laid against me at the South African Police Service. The complaint related to a theft that was committed on my farm in February 2020. The allegations contained in time complaint are serious and it is only correct that they be thoroughly investigated and that the due legal process be allowed to take its course without interference. As we emerge from the era of state capture, we must be firm on the principle that no person, not a single person, is above the law and that every person, regardless of the position they occupy, must be held accountable for their actions. I have pledged my full cooperation to the investigation process which is under way. I am prepared to be held accountable.
I opted of my own volition to appear before the Integrity Commission. We were meant to meet a week ago, but the date did not suit everyone, we will finalise another date and I will go before the Integrity Commission. But I would like to say that I will not allow these allegations to deter me from what needs to be done to rebuild our economy, I will not allow this to deter me, to discourage me from the work that I have to do. I will not be intimidated, nor distracted, nor bullied into submission."
15.0n the 29th of September 2022, responding to a follow-up question asked by Mr. V Zungula in the National Assembly. Mr. Cyril Ramaphosa said:
"I have said and admitted that there was theft at the farm, and I reported that to the general of the SA police who later informed me that he has also reported it to another general of the SA Police.
That matter is obviously under processing within the police service, they are dealing with it. I deny that there was any form of money laundering and I have said it publicly that it was proceeds of sale of game.
I have been a cattle farmer and a game farmer for a number of years, and it is a matter that I disclosed and in my disclosure here in Parliament as well as to the secretary to the Cabinet and that is an activity that at times results in the sale of cattle as well as the sale of animals such as buffalos, sable, drone and water view that is a matter that takes place from time to time even recently we have been able to conclude. My managers have concluded a process whereaa parcel of a buffalo was also sold. That in my view is not money laundering, it is a process that goes on."
16. In the same sitting, Mr Cyril Ramaphosa continued to make the denials and explanations whose thrust is his failure to understand his oath of office as well as his obligations to be truthful to Parliament.
C. MAIN SUBMISSION
17.The EFF submission takes into full account and serious consideration Section 58 (1) (a) and (b) of the Constitution of the Republic of South Africa, which says:
(1) Cabinet members, Deputy Ministers and members of the National Assembly ‑
(a) have freedom of speech in the Assembly and in its committees, subject to its rules and orders; and
(b) are not liable to civil or criminal proceedings, arrest, imprisonment, or damages for —
(i) anything that they have said in, produced before or submitted to the Assembly or any of its committees; Or
(ii) anything revealed as a result of anything that they have said in, produced before or submitted to the Assembly or any of its committee.
18. Section 96 (2) (a) and (b) of the Constitution of the Republic of South Africa says:
(2) Members of the Cabinet and Deputy Ministers may not ‑
(a) undertake any other paid work:
(b) act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests;
19.0n the 26th of May 2014, the Presidency issued a statement. which said:
"I Deputy President Cyril Ramaphosa, on Monday announced a transaction that will result in my divestment from Shanduka Group.
Shanduka's majority shareholders have entered into an agreement that will. among other things. result in my complete divestment from the Group. In the interim my family's interests will be held in blind trusts.
Over the course of the last 17 months, I have stepped down from the boards of several companies on which I served and resigned as Shanduka Group executive chairman.
This is the culmination of a review of my business interests that I initiated soon after my election as ANC Deputy President in December 2012. It was intended to remove the potential for any conflict of interest and enable me to effectively perform the functions of my position.
In the course of the next few weeks. I will take any further practical steps necessary to ensure that I comply with requirements of the Executive Ethics Code and uphold the integrity of my office.
I will continue to be involved in the Shanduka Foundation, a non-profit organisation that works in the areas of school development, skills development and enterprise development."
20.At the National Assembly sitting on the 29th of September 2022, Mr. V. Zungula asked Mr. Ramaphosa:
"Mr. President. when you joined government in 2014 you stated that you will hand over your business interests to a blind trust where you will not have any sight of your investments and operations of the business interests. If this is the case, why were you the go-to person to take action in the Phala-Phala case by assigning the head of your protection unit to deal with the matter? Whoever the manager was when the crime was committed in Phala-Phala would have been the relevant person to take action. However. in this case it was yourself. It is you who confirmed to the House that you reported the case to the head of your protection unit.
The second question is why you have such intricate details such as money lost and the clients, yet your business interests are supposedly held in a blind trust where you have no sight? Are you currently involved in any businesses wherein you buy and sell merchandise while at the same time you are the President of the country?"
21. Mr. Ramaphosa responded and said:
Thank you. Hon Speaker. The question was why the report was done by myself. Soon after it happened. I was informed that theft had been committed and my manager informed me and I immediately informed General Rhoode as we were travelling and in Addis Ababa.
When things such as these happen I am informed like when a car overturns and there is an accident I am informed. Not that I will immediately be able to take somebody to hospital or whatever but I am informed because I am interested party on what happened. So. that is why I was informed and I was then able to inform a General of the police service who at the time was traveling with me in Addis Ababa.
With regard to all these interests I have declared. as I have said, my farming activities and my great passion for cattle farming and so on. I have declared the agricultural aspects or activities that I am involved in. That has been declared firstly here in Parliament and thereafter, when I became President. also to the secretary of the Cabinet. In addition. some properties that I personally own have also been disclosed.
I must say that initially the intention was to set up a blind trust. but then I did say that I do not intend to be in any other form of business other than the agricultural sector which I have declared. That is why in the end no such trust was formed because this is the sum total of what I get involved in. Do I sell and buy merchandise? No. Does the entity buy and sell cattle and animals? Yes. that is what it does. Why does it do so? Because they multiply and you either have to cull them or whatever, and that is the situation that we are in. Thank you. hon Speaker."
22. In the same sitting of the National Assembly held on the 2911' of September 2022. the Commander in Chief and President of the EFF Mr. Julius Malema asked Mr. Ramaphosa:
Thank you very much. Speaker. Mr President, I just want to ask. which procedure were you following by reporting to the General who is your main protector. because we are all equal before the law? What makes you think that somehow you are so special that you can report crime to some General? Crime gets reported at the charge office. The example you gave of a car that overturns. when a car has overturned they don't call you to call an ambulance, the people who are in that car that has overturned are the ones who call an ambulance. The person who called you to inform you about the crime that took place at Phala-Phala is the one that should have called the police or go to the police station to report the matter. Please accept that you abused your power and you thought there was something special about you. which is why you didn't take the Mma Malema approach who. when her chickens are stolen. goes to the Seshego police station and report the case. Because she is an ordinary person and you see yourself above and that is why you report crime to generals and not to the charge office. You abused your power as the President of the Republic and you ought to accept. There is no such a procedure. The person who called you ... you are a law student and people like calling you a lawyer but you are not a lawyer but a graduate of law. You know how crime gets reported. They taught you that at school — Law 101: How crime gets reported. You did not follow any of the things they taught you at school in dealing with this matter because ... [Interjections.] so please don't ... You have abused your office by reporting the matter to a General without following any of the prescripts ..."
23.Mr. Ramaphosa responded and said:
"Thank you. hon Speaker. I am glad that hon Malema corrected himself. He initially said I am a law student ... [Interjections.] ... No, no, no I will correct you as well. Hon Malema I went beyond being a student: I am a law graduate. I did graduate with a law degree. You are right, yes, and I did my articles ... [Interjections.]
If you want me to explain - I did my articles and I started off with a small firm and I ended up with a big firm. I wrote my board exam and you can mark something negative about me but I passed the written part and I failed the oral. Soon thereafter I got approached by the Council of Unions of South Africa who said to me we want you to come and work for us ... [Interjections.]
There are some members who would like to hear the story. So. let me regale them with the story. I then got approached by the Council of Unions of South Africa and then I made the choice to pursue the union route rather than to pursue the other one. So, in the end I never qualified as an attorney. I want to make that clear. I did not qualify as an attorney: I am however a law graduate.
Once the theft had occurred. I was informed as I said. I guess I may be repeating myself but I also need to answer that. I don't believe I abused my power because I am surrounded by police officials and when I informed the General, I was informing a police official. Even at the time, on the farm, my manager interacted with police officials who were involved with the whole process. I want to dispute the argument that I abused my power. I am not the type of person who will abuse my position or my power. So I did not, and having reported it to the police official I did believe that they will do what they need to do to ensure that this matter is properly handled. That is the extent to which I was able to handle this matter.
So, in my book, hon Speaker, it was reporting the crime to the police when I informed a police General. Thank you very much."
24. Mr. Ramaphosa admitted that after learning about the trespassing, housebreaking, and theft, he did not go to the police station or that no police officers went to the crime scene to obtain statements from witnesses. There were no case dockets, and no cases were registered in the SAPS Crime Administration System at any police station, as required. We attach
25. As a result, there was no CAS number to be used for all inquiries and investigations into the crime. All former and current SAPS officers who took part in the hunt for the alleged criminals, interrogated and tortured them, and used state resources did so under the illegal instruction and participation of Mr. Ramaphosa, who abused his powers and office, and without a registered CAS number.
26. The use of state resources to track down alleged criminals without a CAS number and a docket that can be presented to a relevant court for prosecution is a crime of defeating or obstructing the course of justice, and Mr. Ramaphosa engaged in such conduct.
27. Mr. Ramaphosa abused his power and demonstrated impunity as a public official by treating a crime as if it were a matter of stating resources at his disposal by virtue of his office without following due process. But, more importantly, Mr. Ramaphosa goes further and acts. which is a necessary element of the crime of obstructing the course of justice.
28. Mr. Ramaphosa took the oath of office, which reads:
Oath or solemn affirmation of President and Acting President
1. The President or Acting President, before the Chief Justice, or another judge designated by the Chief Justice, must swear/affirm as follows:
swear/solemnly affirm that I will be faithful to the Republic of South Africa. and will obey. observe, uphold and maintain the Constitution and all other law of the Republic: and I solemnly and sincerely promise that I will always:
- promote all that will advance the Republic. and oppose all that may harm it:
- protect and promote the rights of all South Africans:
- discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience:
- do justice to all: and
- devote myself to the well-being of the Republic and all of its people.
29.Mr. Ramaphosa failed to uphold, defend and respect the Constitution as the supreme law of the Republic in the following manner:
29.1. Failure to declare foreign currency, as confirmed by the South African Reserve Bank, caused harm to the Republic.
29.2. Failure to report the trespassing, house breaking, and theft to the SAPS was unfaithful.
29.3. The issuing of instructions to interrogate the thieves, including interrogating a domestic worker, undermines the Constitution and laws of the country.
29.4. Paying alleged criminals to conceal crimes.
30. Mr. Ramaphosa was not faithful to Parliament and the whole of South Africa when he said his family's interests would be held in blind trusts, which he recently confirmed that he didn't establish.
31. Furthermore, Mr. Ramaphosa undertook paid work and acted in a manner that is inconsistent with his office, and as such, placed him in a situation involving a risk of conflict between his official responsibilities and private interests, as demonstrated by the abuse of state resources by SAPS.
32.We submit that Mr Cyril Ramaphosa has either been ill advised or fails to understand that Section 96 (2) (a) of the Constitution provides that Cabinet members cannot do any other paid work. In his explanation that he declared he fails to appreciate that section 96 (2) (a) does not say that a Cabinet member has any option or that he/she can violate the provision if he/she has declared. Such condition or exception is not contained in the section at all. Where Mr Cyril Ramaphosa has claimed that he declared and therefore within the law, we sub it that he has misconceived Section 96 (2) (a). We ask the Panel to look closely to Section 96 (2) (a), and will find that on his own version, the President has a case to answer to Parliament about his paid work or farming activities.
D. CONCLUSION
33. The Panel must find that there is prima facie evidence of serious violation of the Constitution and several laws and regulations and prima facia evidence of serious misconduct. We reiterate that by his own admission Ramaphosa has already violated section 96 (2) (a) and (b) of the Constitution. Whether or not he declared, which we dispute, this violation stands alone like a sore thumb and makes a mockery of every attempt Ramaphosa makes to obfuscate matters.
34. Further and although the violation of the Constitution is already established, we submit that the Section 89 Enquiry should seek to find evidence to uncover the following:
34.1. How much exactly was stolen from Mr. Ramaphosa's Phala-Phala wildlife farm?
34.2. Why did Mr. Ramaphosa not declare the US$ that were stored in his mattresses and couch?
34.3. Why was the case not opened after the trespassing, housebreaking, and theft at a police station?
34.4. Were the police involved in the search and interrogation of the alleged criminals who stole Mr. Ramaphosa's money
34.5. Did the SAPS crime intelligence unit search for and question the people who were thought to have stolen money from Mr. Ramaphosa
34.6. Did Mr. Ramaphosa attempt to conceal crimes of money laundering, corruption, or fraud?
Signed
JULIUS SELLO MALEMA
PRESIDENT AND COMMANDER IN CHIEF ECONOMIC FREEDOM FIGHTERS
Issued by the EFF, 27 October 2022
♦️Must Read♦️
— Economic Freedom Fighters (@EFFSouthAfrica) October 27, 2022
The CIC @Julius_S_Malema has on behalf of the EFF made A Submission To The Section 89 Independent Panel To Establish Whether There Is Prima Facie Evidence Of A Violation Of The Constitution, and Misconduct By Cyril Ramaphosa On Phala Phala Farm pic.twitter.com/4e32t4DVPP
