NPA declines to prosecute Ramaphosa or anyone else in Phala Phala case

The National Prosecuting Authority (NPA) has declined to prosecute President Cyril Ramaphosa or anyone else relating to the Phala Phala scandal.

The Limpopo Director of Public Prosecutions (DPP) Advocate Mukhali Ivy Thenga has taken the decision to not prosecute anyone in relation to the case.

The DPP said the decision comes after a comprehensive investigation was conducted by the Directorate for Priority Crimes Investigation (DPCI).

NPA not prosecuting anyone on Phala Phala

Former State Security Agency (SSA) director-general Arthur Fraser laid a complaint with the South African Police Service (Saps) against the president and Major General Wally Roode.

“The complainant requested the Saps to investigate the conduct of the president and that of Major General Wally Roode, alleging that it amounted to the commission of money laundering and corruption,” said Limpopo DPP spokesperson Advocate Mthunzi Mhaga on Thursday evening.

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“The investigations also covered any possible contravention of the Income Tax Act 58 of 1962 and Exchange Control Regulation 1962. This was subsequent to the break-in and theft of an undisclosed amount of US dollars at Phala Phala Farm, Bela Bela, Limpopo.”

The DPP added that the decision not to prosecute was made following a thorough evaluation of all relevant evidence that the DPCI had provided to the prosecutors.

Thenga came to the conclusion that the evidence in the docket does not support a reasonable likelihood of a successful prosecution, the DPP said.

Docket didn’t support likelihood of successful prosecution

“The DPP made her decision in line with the Prosecution Policy of the NPA, which states that a prosecutor, in deciding whether to institute criminal proceedings against an accused person, must assess whether there is sufficient and admissible evidence to provide a reasonable prospect of a successful prosecution.”

The factors considered when the prosecutor evaluates evidence include:

• The strength of the case for the state,
• The availability of evidence
• Whether the state witnesses are likely to be credible
• The admissibility of evidence
• The reliability of evidence
• The strength of the case for the defence.

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Investigation

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

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 investigation.

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

Additional reporting by Molefe Seeletsa