ATM says the prosecution’s decision undermines the principles of justice

This after the NPA confirmed on Thursday that it will not prosecute Cyril Ramaphosa or the head of his presidential protection services, Major General Wally Roode, over the theft of money from the president’s Phala Phala farm.

In 2022, former spy chief Arthur Fraser accused Ramaphosa and Roode of trying to cover up the theft of thousands of US dollars from the farm in February 2020.

In 2023, an independent Section 89 panel sanctioned by Parliament found that Ramaphosa had a case to answer.

On Thursday, Limpopo NPA chief Mukhali Thenga said there was no reasonable prospect of a successful prosecution based on the evidence contained in the case file.

The Citizen’s Protector also exonerated the president of any wrongdoing in the matter.

ATM spokesperson Zama Ntshona says the NPA’s dismissal of charges against the president reflects a serious failure to consider key evidence and legal obligations under the Prevention and Combating of Anti-Terrorism Act corrupt activities (PRECCA).

“Section 34(1) of that Act requires that any person in a position of authority who knows or suspects that corruption or related offenses involving R100,000 or more have occurred must report such matters to the Priority Crimes Investigation Directorate (DPCI).

“Furthermore, under Section 34(4)(e), the onus to report rests with the member of the Close Corporation, and Mr Ramaphosa, as the sole owner of Ntabanyoni Enterprise, cannot escape responsibility for not Inaction constitutes a clear violation of this law, as highlighted by the complaint filed by Arthur Fraser.

“In South Africa, the legal requirements surrounding the possession of large amounts of cash are explicit. The Financial Intelligence Center Act (FICA), under section 28, states that any cash transaction that exceeds 25,000 rupees must be reported to the Financial Intelligence Center (FIC). The President, by his own admission, has violated this law by keeping $580,000 in cash at his Phala Phala farm, an amount that significantly exceeds the legal threshold.”

Ntshona adds that the NPA’s decision did not address the issue of undeclared foreign currency found in the President’s property.

The South African Reserve Bank (SARB) confirmed that the Phala Phala dollars were never declared, which is a clear violation of South African tax laws and the Exchange Control Regulations of the Bank of Reservation

“It is incomprehensible that the NPA can overlook such egregious violations and allow the president to evade scrutiny simply because he believes the available evidence does not offer a ‘reasonable prospect’ of conviction. This raises serious concerns about biased enforcement of the law which favors politically connected, rich and powerful people.

“We urge the NPA to prioritize transparency and accountability by making public the documentation and evidence that led to its decision not to prosecute. It is essential that the NPA demonstrate that no one is above the law and that All allegations of corruption and misconduct are treated with the seriousness they deserve.”

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