By Lehlohonolo Lehana.
The Presidency says they have noted the report of the acting Public Protector, Kholeka Gcaleka on the Phala Phala investigation, which was released on Friday.
The announcement was made during a media briefing by the Office of the Public Protector. Although there were 12 reports, much of the focus of the briefing centred on the Phala Phala scandal.
In it, Gcaleka clears President Cyril Ramaphosa of violating the executive ethics code in relation to the February 2020 theft of foreign currency at his private Limpopo farm.
Gcaleka recommended that the National Police Commissioner, Lt-Gen Fannie Masemola must, within 60 calendar days of receipt of the report, ensure that “appropriate action” is initiated against Rhoode and Sgt Rekhoto for contraventions of SAPS prescripts. Within 90 days of receipt of the report, Masemola must develop an appropriate PPS directive, instruction, and policy which direct how PPS members must manage crimes reported directly to them by VIPs under their protection.
The complaint against Ramaphosa was laid by African Transformation Movement MP Vuyo Zungula, which then led the PP’s office to investigate. During the briefing, Gcaleka said a complaint was also filed against Ramaphosa by DA leader John Steenhuisen. In addition, two members of the public — Elias Muller and Simphiwe Ndlovu laid a complaint. Gcaleka said the four complaints were consolidated and complainants were notified of this.
An objection was raised by Zungula to this method of dealing with the matter, the objection was premised on the notion that the consolidation of the complaint would have the effect of prolonging the investigation, said Gcaleka, who added that Zungula was advised that it was the Public Protector’s sole discretion to determine the format and procedure to be followed in conducting any investigation.
The Phala Phala scandal broke initially on 1 June 2022, when former spy boss Arthur Fraser laid a criminal complaint against Ramaphosa for alleged forex abuses and other allegedly criminal conduct.
“The President has always maintained that he was not party to any wrongdoing or violation of his oath of office,” says Presidential spokesperson, Vincent Magwenya.
Opposition parties have already indicated they will be taking the report on review.
Steenhuisen claims that it contained numerous misinterpretations of the relevant pieces of legislation.
“It is also gravely concerning to note the discrepancies between the Nkandla Report, whose interpretation of similar laws found that former President Jacob Zuma was severely compromised as President of the Republic, yet Cyril Ramaphosa is seemingly assessed by different standards.
“We will be asking our lawyers to consult the Nkandla Report for any potential legal precedent that can be used to point out the discrepancies in Advocate Gcaleka’s findings,” said Steenhuisen.
The EFF has described the report as “nonsensical and illogical” while the African Transformation Movement (ATM) has maintained its assertion that Ramaphosa was guilty of contravening the Prevention and Combating of Corrupt Activities Act and the Executive Members’ Ethics Act.
“There is no denying that the president violated this provision of the Constitution, this by his own admission at an ANC gathering in Limpopo, when he told delegates that: “I’m a farmer, I am in the cattle business and the game business… I buy and I sell animals…. This that is being reported was a clear business transaction of selling animals.
Gcaleka found no evidence substantiating claims that the president had undertaken paid work while serving as the head of state, nor did he abuse his powers or create conflict between his private interests and that of his role as the executive.