By Lehlohonolo Lehana.
The National Prosecuting Authority (NPA) has decided not to prosecute any of the suspects implicated in the controversial Phala Phala case.
The Director of Public Prosecutions (DPP) in Limpopo, advocate Mukhali Ivy Thenga, took the decision not to prosecute anyone in relation to the Phala Phala case, the NPA said in a statement.
“This decision follows a comprehensive investigation process that was conducted by the Directorate for Priority Crimes Investigation (DPCI) following a complaint laid by Arthur Fraser with the South African Police Service.
In June 2022, Fraser, the former director-general at the State Security Agency, opened a kidnapping and money laundering case against Ramaphosa, Presidential Protection Unit head Major-General Wally Rhoode, and Crime Intelligence members for allegedly concealing a burglary at Ramaphosa’s Phala Phala farm in February 2020.
Ramaphosa has denied any wrongdoing. In June 2023 the anti-corruption watchdog cleared him of a potential conflict of interest related to the money found inside a sofa on his Phala Phala game farm.
He was accused for violating the Income Tax Act and Exchange Control Regulation following the theft.
Fraser laid a complaint with the South African Police Service (Saps) against the president and Major General Wally Roode.
“The complainant requested the Saps to investigate the conduct of the president and that of Major General Wally Roode, alleging that it amounted to the commission of money laundering and corruption,” said NPA spokesperson Advocate Mthunzi Mhaga on Thursday evening.
“The investigations also covered any possible contravention of the Income Tax Act 58 of 1962 and Exchange Control Regulation 1962. This was subsequent to the break-in and theft of an undisclosed amount of US dollars at Phala Phala Farm, Bela Bela, Limpopo.”
The DPP added that the decision not to prosecute was made following a thorough evaluation of all relevant evidence that the DPCI had provided to the prosecutors.
Thenga came to the conclusion that the evidence in the docket does not support a reasonable likelihood of a successful prosecution, Mhaga said.
“The DPP made her decision in line with the Prosecution Policy of the NPA, which states that a prosecutor, in deciding whether to institute criminal proceedings against an accused person, must assess whether there is sufficient and admissible evidence to provide a reasonable prospect of a successful prosecution.”
The latest development came as the Economic Freedom Fighters (EFF) was looking to use the courts to revive an impeachment motion, which the ANC – then with a solid majority in the National Assembly – had shot down.
The Public Protector and the South African Reserve Bank (SARB) also cleared Ramaphosa in separate investigations.
The NPA is scheduled to appear before the Portfolio of Justice and Constitutional Development on Friday.
Meanwhile three suspects appeared in court on Monday accused of stealing millions of dollars worth of cash from Ramaphosa’s game farm in 2020, in a scandal that nearly brought down the president two years ago.
The case was postponed until Nov. 26, bail extended for the Joseph siblings arrested in November last year, while David was ordered to remain in custody.