Opposition parties expect that the Section 89 independent panel probing President Cyril Ramaphosa’s Phala Phala farm scandal will find he has a case to answer when it delivers its final report to Parliament today.
The panel, consisting of former chief justice Sandile Ngcobo, former head of the Gauteng High Court Division, Judge Thokozile Masipa, and advocate Mahlape Sello has spent almost two months going through evidence to see whether the president committed an impeachable offence related to the theft at the farm.
The panel was formed after the ATM submitted a motion of no confidence against Ramaphosa. The motion came after former spy boss Arthur Fraser laid a criminal charge against the president and former head of the Presidential Protection Unit, Wally Rhoode, for allegedly kidnapping and torturing five men and a woman to reveal where they had hidden millions in foreign currency stolen from the president’s farm.
According to Fraser’s affidavit, Ramaphosa allegedly had at least $4 million in cash stashed in a couch on the farm and he played a part in covering the robbery up, following an alleged illegal investigation.
Justice Ngcobo and the panel are expected to hand over the report to Speaker Nosiviwe Mapisa Nqakula today with Ngcobo saying: “Given the huge public interest in the report, and in particular, that the panel complies with the extended deadline, we have considered it necessary for the handover of the report to take place in public.”
Mapisa-Nqakula has invited chief whips and party representatives to the handover and it is believed that the report would be publicly available almost immediately.
Parliament goes into recess from this Friday, but the National Assembly has resolved that a hybrid plenary would sit on December 6 to discuss the report.
The Presidency earlier this month issued a statement saying Ramaphosa had co-operated with the panel.
“President Ramaphosa has always made certain that throughout his tenure as president, he abides by his oath of office and sets an example in his respect for the Constitution, its institutions, due process and the rule of law. President Ramaphosa categorically denies that he violated this oath in any way, and denies that he is guilty of any of the allegations made against him,” the statement read.
ATM leader Vuyo Zungula said evidence that had been provided to the panel showed there was a prima facie case to answer.
“We hope the report will speak to those facts regarding paid work, the risk of conflict of interest and the unlawful instruction handed to the Presidential Protection Unit. The report is not expected to say the president must be impeached. It’s expected to say, based on the evidence at hand, it will be worth it for Parliament to look into the matter via an impeachment committee. We believe the panel has all the evidence to come to that conclusion,” said Zungula.
IFP chief whip Narend Singh said the party expected the panel to recommend that Ramaphosa has a case to answer.
“We expect that the panel will find against the president and recommend that Parliament must now conduct an investigation,” he said.
The EFF said Ramaphosa needed to be held accountable for laundering money, abduction, concealment of crime and misuse of state resources.
It said its efforts, coupled with other “principled parties, refused to allow justice to be delayed to suit Ramaphosa’s political aspirations”.
UDM leader Bantu Holomisa said while they could not predict the outcome of the panel report, this would not be the last word on the matter.
“Legally, there might be technicalities but ethically is where this case is now and this is precisely where Ramaphosa has failed the test. This is a leader who has taken the oath of office and people are not interested in legalistic jargon, but judge you on the serious allegations.”
ACDP leader Reverend Kenneth Meshoe said from a layman’s point of view, prima facie evidence of wrongdoing had been heard.
“We expect the panel to find that there is prima facie evidence and the president has a case to answer. There are rumours and allegations but we want to know if this large amount of foreign currency was declared to the revenue service,” said Meshoe.
DA leader John Steenhuisen on Monday said they would push for an ad hoc committee on Phala Phala should the panel find that Ramaphosa has no case to answer.
He said they were concerned that the Section 89 inquiry would not fully cover the extent of the claims made against the president.