ActionSA files application for IPID’s ‘top secret’ Phala Phala report

ActionSA has filed an application under the Promotion of Access to Information Act (PAIA) to obtain the Independent Police Investigative Directorate’s (IPID) report on the theft that took place at President Cyril Ramaphosa’s Phala Phala farm.

Police Minister Senzo Mchunu classified the findings of IPID’s probe into the theft of foreign currency from Ramaphosa’s farm as “top secret” in February.

Mchunu, in a written reply to a parliamentary question by African Transformation Movement (ATM) leader Vuyo Zungula last month, said the report would not be made public unless formally declassified.

Legal and constitutional basis

ActionSA national chairperson Michael Beaumont said there is now a legal and constitutional basis to justify declassifying the report as top secret.

“Section 3(4)(4) of the minimum information security standards Cabinet policy is explicit that only matters meeting the following criteria may be classified as top secret:

• Can result in the declaration of war
• Can lead to the discontinuation of diplomatic relations between states
• Can seriously damage operational relations between institutions
• Can disrupt the effective execution of information operational planning and/or plans

“It must be stressed that a Cabinet policy is subordinate to higher legislation, including the Promotion of Access to Information Act and the Constitution of the Republic of South Africa,” Beaumont said.

ALSO READ: Top secret: Phala Phala Ipid report won’t see light of day

“Regrettably, South Africans have a sense of déjà vu, with Police Ministers once again appearing to abuse the law to shield the president, where even swimming pools have been seriously presented as fire protection measures.”

ActionSA promise

Beaumont added that the filing of the PAIA application is a “fulfilment” of the party’s promise to demand transparency from the “grand coalition government and to ensure that its leaders act with ethical consideration.”

“Transparency is not optional. It can never be subjected to political compromise, and it is needed now more than ever, with a colossal GNU constituting 70% of the South African Parliament.

“South Africans deserve answers on Phala Phala, and ActionSA’s application is one step towards ensuring those answers are delivered,” Beaumont said.

Beaumont said ActionSA would “contest this matter” in the High Court if necessary.

Phala Phala saga

The “top secret” report is the latest instalment in the saga that started in June 2022 when the Jacob Zuma-era director-general at the State Security Agency (SSA) laid a kidnapping and money laundering criminal complaint against Ramaphosa, presidential protection unit head Major-General Wally Rhoode, and Crime Intelligence members for allegedly breaching the Prevention of Organised Crime Act by not reporting the robbery.

Arthur Fraser claimed the suspects who broke into the president’s property were subsequently kidnapped, interrogated and paid off to keep silent.

According to Fraser’s statement, millions of “undeclared” US dollars were stashed inside furniture items at the game farm.

However, Ramaphosa and his staff contend that the stolen $580 000 (R8 million) was a deposit by Sudanese businessman and owner of Sudanese football club Al Merrikh SC Hazim Mustafa to buy 20 buffalo.

ALSO READ: Man named in Phala Phala report ‘not aware’ buffalo belonged to Ramaphosa

No reasons

While the reports by the Public Protector and the SA Reserve Bank are publicly available, Mchunu did not provide a reason why IPID’s report had been classified as “top secret” and would not be made public.

“As indicated, IPID has classified the report ‘Top Secret’ and to suggest that the report is suppressed is disingenuous,” Mchunu said.

Reserve Bank report

While the IPID report remains “Top Secret”, the SA Reserve Bank cleared Ramaphosa of any wrongdoing in its investigation into the millions of undisclosed foreign currency stolen from his game farm in 2020.

Following a year of investigations, the Sarb said in its report it “cannot conclude” that Ntaba Nyoni Estates CC (the entity involved), which owns the game farm, was not “legally entitled” to the $580 000 it received from Sudanese businessman Hazim Mustafa, who apparently arrived on the farm in a limousine on Christmas Day in 2019.

In October last year, the National Prosecuting Authority (NPA) declined to prosecute Ramaphosa over the Phala Phala matter, saying the decision was made following a thorough evaluation of all relevant evidence that the Hawks had provided to the prosecutors.

ALSO READ: Reserve Bank blasted: Phala Phala outcome sparks public trust controversy

Ramaphosa cleared

While Public Protector Kholeka Gcaleka cleared Ramaphosa of wrongdoing, she recommended in her office’s report to national police commissioner Fannie Masemola that Rhoode be held accountable for his handling of the investigation.

The public protector found that Rhoode acted improperly by investigating the crime without a registered case docket.

GNU

Beaumont said when ActionSA entered Parliament last year, it declared that it would not “simply allow the Phala Phala matter to be swept aside in the manner now seemingly accepted by parties in the Government of National Unity (GNU), whose access to power is now tied to the president.”

It appears the DA has also lost interest in the matter since joining the GNU, despite party leader John Steenhuisen being a complainant to the Public Protector and the party’s calls for Parliament to investigate the matter.

ALSO READ: EFF turns to ConCourt to challenge parliament’s rejection of Phala Phala report