By Lehlohonolo Lehana.
The trial of the accused in the theft at President Cyril Ramaphosa’s Phala Phala farm gate in Limpopo resumed in the Modimolle Regional Court.
The accused, Emmanuel David and siblings Floriana and Ndilinasho Joseph, face charges stemming from the February 2020 break-in and theft.
The trial had previously been postponed to allow Floriana to attend to her pregnancy, but this week all three stood before the court, pleading not guilty to charges of conspiracy to commit housebreaking with intent to steal and theft, two counts of housebreaking with intent to steal and theft, and in David’s case, an additional charge of money laundering.
The first witness was an employee who, at the time of the incident, was the acting farm manager. He testified that on 25 December 2019, he conducted an unusual transaction, receiving $580,000 (about R8-million) from a businessman in cash as payment for the sale of 20 buffaloes.
Following the transaction, he did not issue an invoice for the sale, but rather drafted a document acknowledging receipt of the funds that he later placed in a safe.
The animals, however, were not taken by the buyer on that day.
He told the court that the next day, on 26 December, when Ramaphosa briefly visited the farm en route to Cape Town for a holiday, he informed the president of the transaction.
It was unclear whether Ramaphosa and the general manager would “accept” the money because most clients paid via the bank, according to his testimony.
It is unclear why such a massive transaction of R8-million was conducted in cash, and in foreign currency especially when clients “usually” paid via bank transfer.
For the State, the case is clear: prosecutors plan to call 22 witnesses and will argue that David, described as the mastermind, and Floriana Joseph are guilty as charged, pointing to evidence that their lives “dramatically” changed after the robbery.
The matter dates back to June 2022, when former correctional services commissioner Arthur Fraser filed a criminal complaint alleging that Ramaphosa concealed the theft of millions of dollars hidden in couches and mattresses at Phala Phala.
Fraser claimed $4-million had been stolen, sparking criminal investigations and a political storm that tested Ramaphosa’s presidency and fuelled calls for his resignation.
During the today’s proceedings, neighbouring farm’s former owner, whom the court ordered cannot be named, testified that there was a burglary at his house on 9 February 2020.
The witness told the court that on that day, he received a call from the farm management saying they thought there had been a break-in at the house.
He drove to the farm, where he saw that a window had been broken. He then viewed CCTV footage, which “showed a couple of guys coming in”.
“I then asked the manager to open a case [with the police] but we couldn’t find anything that was missing in the house [other than cushions],” he told the court.
The State argues the accused broke into the wrong property before executing the Phala Phala robbery later that evening, where the money was stolen from a couch in which it had been hidden.
The man, who allegedly transported suspects linked to the burglary, told the court he only received R7,000 for his role — contradicting his signed police statement, which claimed he had been paid US$30,000 in cash.
Pressed on the inconsistency, the witness said he was intimidated and “scared” when giving his statement to investigators.
“This is not my statement, “the witness, who cannot be named due to a court order, told the court.
State prosecutor Nkhetheni Munyai applied for the court to declare the witness hostile, arguing that his testimony deviated significantly from what was previously placed on record.
Defence lawyers objected, but Magistrate Peter Manthate ruled that the state could proceed under Section 190 of the Criminal Procedure Act, which allows cross-examination of a hostile witness.
Although the shaky testimony has dented the prosecution’s case, it is far from over, with more witnesses expected to take the stand.
The State will argue that David and Floriana Joseph’s lives “dramatically” changed after the heist, and will present cellphone records to show the accused coordinated their movements across provinces to commit the Phala Phala crime.
The defence, preparing to call five witnesses, will attempt to dismantle that version.
The trial is set to continue on Friday, 3 October, with expectations that it will shed further light on what transpired inside the President’s farm, and what Ramaphosa himself knew, authorised or failed to act upon.