In other democracies, Ramaphosa and Mashatile ‘would have resigned’

As the plummeting image of the presidency continued to come under scrutiny, with Deputy President Paul Mashatile to face a fresh probe by the public protector (PP) on allegations of benefitting from entrepreneurs linked to state capture, yesterday’s exoneration of President Cyril Ramaphosa by the PP in the game farm scandal was far from convincing by ethical standards, according to analysts.

The Democratic Alliance has asked acting PP advocate Kholeka Gcaleka to investigate revelations that Mashatile’s lifestyle was funded by businessmen Edward Sodi and Ndavhe Mareda, who were allegedly involved in dodgy multimillion-rand public deals.

President cleared

In her report on the game farm, Phala Phala – sparked by complaints lodged by MPs Vuyolwethu Zungula and John Steenhuisen, as well as Elias Muller and Simphiwe Ndlovu – Gcaleka found Ramaphosa was not in breach of the Executive Members Ethics Act on the grounds that:

• An allegation he undertook remunerated work at Phala Phala farm, was not substantiated;
• Phala Phala farm was managed by a private entity called Ntaba Nyoni Close Corporation, through its own private employees, on land owned and registered under Tshivhase Trust; and
• The evidence and information before the PP indicated the US dollars stolen at Phala Phala in 2020 emanated from a private cash transaction.

Commenting on the findings, University of Pretoria senior law lecturer Dr Llewelyn Curlewis said the only total absolution for Ramaphosa on Phala Phala would be an acquittal by a court of law.

ALSO READ: ‘Phala Phala videos’ not from Ramaphosa’s farm, says acting public protector

“Being absolved of having a conflict of interest for purposes of parliamentary ethics rules is a totally different question than being acquitted of the Section 34 of Prevention and Combating of Corrupt Activities Act.

“These days, the public has lost its faith in most of the [Chapter 9] institutions. My concern is the national director of pubic prosecutions must still decide to prosecute or not.

“If not, even a private prosecution may still follow. Obviously, the report will assist the president in his possible defence, if prosecuted,” said Curlewis.

PP findings likely to be challenged

Independent political analyst Sandile Swana said the PP findings that Ramaphosa did not expose himself to a possible conflict of interest was likely to be challenged in court and set aside.

“Unfortunately, that will confirm the suspicion of the DA and other political parties, that the Phala Phala case is being handled by captured institutions.“

READ MORE: Opposition calls on NPA to charge Ramaphosa over Phala Phala saga

It is perplexing to the public why the presidential protection unit would be used to investigate theft at a private business of Ramaphosa, to the point of tracing criminals and suspects in a foreign country.

“Ramaphosa is the sole member of Phala Phala yet it is unclear why he should be free to handle foreign exchange monies without proper prior approval from SA Reserve Bank and declarations to SA Revenue Service.”

He said Ramaphosa and Mashatile “have skeletons [in their cupboards] and both are either subjects of investigations or are getting ready to be investigated”.

ALSO READ: Clifton capture? Probe into ‘friends with benefits’ claims against Paul Mashatile

“They remain in office on account of very low moral standards in parliament and, more particularly, in the ANC.

“In other democracies, they would have voluntarily resigned,” maintained Swana.

Ramaphosa’s legitimacy questioned

University of Pretoria politics lecturer Roland Henwood said the legitimacy of Ramaphosa was being questioned and undermined due to Phala Phala.

“The key issues around Phala Phala have not been answered. The presidency is under a cloud and the legitimacy of those occupying the office are questioned.

ALSO READ: ‘Ramaphosa is not corrupt’ – Motion to establish ad-hoc committee to probe Phala Phala rejected

“The situation of the deputy president is possibly more worrying, as it links directly to state capture and the proceeds of persons implicated very specifically to state capture.

“The ability and willingness to deal with the issues related to state capture and corruption are being questioned,” said Henwood.

– brians@citizen.co.za