By Lehlohonolo Lehana.
The fourth state witness in the trial of theft of millions in US dollars from Phala Phala farm in Bela-bela, took the stand at the Modimolle Regional Court, Limpopo.
The accused in the theft – Namibian nationals Imanuwela David (lead suspect), his sister Froliana Joseph, and brother Ndilinasho Joseph – were arrested in 2022 and have been on trial since.
The trio faces charges of housebreaking, theft, and money laundering. David, the alleged mastermind, was arrested in Cape Town after fleeing to Namibia, while the siblings were nabbed later. Court proceedings have been marked by delays, including disputes over evidence admissibility and witness credibility.
The case stems from the theft of $580 000, hidden in a couch at President Cyril Ramaphosa’s Phala Phala game farm in Limpopo in February 2020.
The fourth witness was provisionally withdrawn after he disputed contents of a statement taken from him by police. The court then ruled that a trial within a trial be conducted to determine whether the witness made the statement or not.
On Monday, the trial-within-a-trial was cut short after the accused complained about the inaccurate interpretation of Oshiwambo, a language spoken by the Ovambo people in parts of Namibia.
An interpreter has been facilitating communication for David and the Joseph siblings throughout the proceedings.
However the accused legal teams have also expressed concerns that their clients shared similar frustrations.
Magistrate Peter Manthate responded jokingly that he unfortunately did not know the language himself.
After a brief adjournment, Manthate stressed that it was crucial for both the witnesses and the accused to fully understand the proceedings.
“I’m not sure if it’s a question of being fatigued, or actually it’s a question of the language itself,” the magistrate said.
He explained that he would adjourn the matter to consult the senior court interpreter to “see if she can help us under the circumstances”.
“Unfortunately, she is on leave, but nonetheless, I have contacted her and also directed her to seek an alternative interpreter.”
The magistrate further indicated that the trial would resume on Wednesday, instead of Tuesday as initially planned, due to an electricity outage expected to affect the court’s recording systems.
The scandal tainted Ramaphosa’s credibility ahead of the ANC’s December 2022 elective conference that saw him defeat former health minister Zweli Mkhize to secure a second term.
The scandal also sparked a judicial inquiry after former spy boss Arthur Fraser filed official complaints of money laundering against Ramaphosa and his head of security, General Wally Rhoode, at the Rosebank police station on June 1, 2022.
In his affidavit, Fraser claimed the amount stolen was between $4 million and $8 million. He also claimed the president attempted to conceal the crime by paying off those who stole from him in exchange for their silence on the theft at his farm.
A public outcry resulted in Parliament appointing an independent panel headed by former Chief Justice Sandile Ngcobo, whose damning report cautioned that Ramaphosa was not being truthful by declaring that only $580 000 was stolen.