Phala Phala: What now for Ramaphosa as panel finds he has violated the Constitution

President Cyril Ramaphosa. Picture: Phando Jikelo/African News Agency (ANA) Archives

President Cyril Ramaphosa. Picture: Phando Jikelo/African News Agency (ANA) Archives

Published Dec 1, 2022

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After months of evading accountability on the origins of the suspicious foreign currency hidden under his sofas in the Phala Phala farm, it remains to be seen what’s next for President Cyril Ramaphosa.

He faces another upheaval as the section 89 parliamentary committee found that he has violated the law.

The Section 89 Independent Panel – which comprises retired Chief Justice Sandile Ngcobo, retired High Court Judge Thokozile Masipa and advocate Mahlape Sello – found that Ramaphosa “has a case to answer on the origin of the foreign currency that was stolen, as well as the underlying transaction for it”.

The panel was mandated by Parliament to assess whether there was sufficient evidence for Parliament to proceed with a Section 89 Inquiry after the leader of the African Transformation Movement (ATM) Vuyo Zungula launched a motion of no confidence in Ramaphosa because of his involvement in the Phala Phala scandal.

“There is no evidence as to how this money came into the Republic.

“The exact amount of foreign currency stolen is yet to be disclosed.

“The investigation by the South African Reserve Bank suggests strongly that it had no records of this money entering this country or being reported as having been received.

“Other than his name, there are no other particulars of Hazim such as his physical address, telephone number, business address, and other personal details such as his passport number.

“Having bought 20 buffaloes, Hazim Mustafa has not collected these buffaloes for the past two and a half years. Instead of keeping the money in the safe until the next banking day, the money is kept concealed in a sofa for well over a month.

“The theft of the money was not reported to the SAPS and no case number or docket is registered. Information placed before the Panel suggests that more than $580 000 (more than R9.9 million) was stolen.

“Suspects were arrested, interrogated, and cooperated with the investigating team, and yet no one is charged, prosecuted, and convicted. This occurs amid allegations that the suspects were paid R150 000 each to buy their silence,” says the report.

In his response to the questions by the panel, Ramaphosa said that Hazim walked into the farm on the Christmas Day of 2019, carrying at least an amount of $580 000 in cash and bought buffaloes.

However, the panel raised serious concerns about how Sudanese millionaire Hazim – managed to carry undeclared foreign currency into the country and then to the president’s farm.

The panel stated that the Phala Phala crime was not reported to the police in Bela Bela, Limpopo, where the farm is located.

“As a consequence, there was no case number or a docket pertaining to this crime. There was a deliberate decision to keep the investigation secret.

“Following the commission of this crime, the president instructed General Rhoode to investigate the burglary and theft from his Phala Phala farm.

“Major-General Wally Rhoode put together an investigating team which included a former SAPS official who happens to be a social worker.

“This investigating team did not follow the normal SAPS practice of investigation as there was no case number or a docket.

“The investigation was carried out using state resources.”

IOL