Phala Phala: Fraser ‘off the hook’ after NPA declines to prosecute over O’Sullivan criminal charges

The National Prosecuting Authority (NPA) has declined to prosecute former State Security Agency (SSA) director-general Arthur Fraser relating to the Phala Phala scandal.

In November 2022, forensic investigator Paul O’Sullivan laid criminal charges of defeating the ends of justice against Fraser.

This was after Fraser’s letter, which implicated O’Sullivan in President Cyril Ramaphosa’s Phala Phala farm burglary saga, was leaked.

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In the letter sent to the Hawks, the former Correctional Services commissioner claimed that O’Sullivan’s role in the matter was tracing the suspects linked to the theft.

The private investigator denied Fraser’s allegations, dismissing them as defamatory.

“I can categorically state that neither I, nor anyone reporting to me, was ever involved in any investigations of a housebreaking that allegedly took place at Phala Phala in February 2020, or the tracing of any suspects.

“I have read the so-called docket of Fraser and I am at a loss to understand why he does not explain why he kept quiet for two years, if he genuinely believed that Ramaphosa had committed any offence,” O’Sullivan’s affidavit read.

Hawks case docket

Hawks head, Godfrey Lebeya has since revealed that O’Sullivan’s case against Fraser and Ramaphosa’s head of security, Wally Rhoode, won’t proceed any further.

According to Lebeya, Hawks sent the case docket to the office of the Director of Public Prosecutions (DPP) in Gauteng, following the finalisation of the investigation.

However, the DPP’s office, on 11 March 2024, decided not to prosecute Fraser and Rhoode.

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The Hawks head did not provide details regarding the reasons behind the DPP’s decision.

“Obviously, the nitty-gritties will be given to the complaint, when the complaint is requesting those.

“But generally, we will say that there is not sufficient evidence on which the prosecution is prepared to take that matter [on trial],” he said during a media briefing on Friday.

Lebeya indicated that O’Sullivan was entitled to take an “alternative route” if he was not satisfied with the outcome.

“That’s the decision that we abide by,” the Hawks head added.

Phala Phala investigation

The Phala Phala theft came to light when Fraser opened a case of kidnapping and money laundering against Ramaphosa and Rhoode in June 2022.

Fraser accused Rhoode and the President’s advisor, Bejani Chauke, of attempting to conceal the robbery.

While Public Protector Kholeka Gcaleka cleared Ramaphosa of wrongdoing, she made a recommendation in her office’s report to national police commissioner Fannie Masemola to take action against Rhoode over his handling of the Phala Phala investigation.

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

A case of housebreaking and theft was only opened with the South African Police Service (Saps) in August 2022.

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