Phala Phala: Lamola says political pressure on NPA to prosecute is ‘interference’

Justice and Correctional Services Minister Ronald Lamola says the National Prosecuting Authority (NPA) has not initiated criminal proceedings against any person allegedly involved in the robbery at President Cyril Ramaphosa’s Phala Phala farm.

Lamola was answering questions from MPs in Parliament on Wednesday, where he insisted that the NPA was waiting on the Directorate for Priority Crime Investigation (DCPI), also known as the Hawks, to complete its investigation.

“The relevant Director of Public Prosecutions [DPP] office will commence assessing the evidence once the case docket is formally handed over,” he said.

Political pressure

While he acknowledged the interest around the Phala Phala farm robbery, Lamola called out those placing pressure on the NPA to act.

“There must be no political pressure on the NPA or on any investigating authority. While we do understand that certain things need to be done expeditiously, these institutions are aware of the pressure.

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“They are aware of the need to handle this matter [with speed]. But political pressure on its own is also interference… if you don’t want the executive to interfere then allow the due process to take its course,” he said.

The minister pointed out that it would amount to interference if he instructed the NPA to prosecute, adding that it was a criminal offence to do so.

“It is a crime which carries a sentence of 10 years if there is any form of interference from anyone. The role of the Department of Justice, in this regard, is to help and allow the NPA in terms of budgets and so on, but the department does not prosecute. Neither does the minister prosecute,” he explained.

National Director of Public Prosecutions (NDPP) Shamila Batohi last month indicated that the NPA would investigate the Phala Phala matter “without fear or favour“, but at the appropriate time.

The Hawks, meanwhile, recently revealed that they were processing at least 41 affidavits regarding the the February 2020 robbery.

In addition, the Public Protector’s office is investigating whether Ramaphosa violated the Executive Members’ Ethics Code by not reporting the robbery to the police.

Section 89

National Assembly Speaker Nosiviwe Mapisa-Nqakula has already confirmed that the panel set up to investigate Phala Phala farm would be given 30 days to complete its work.

The speaker earlier this month accepted a request by the African Transformation Movement (ATM) for a Section 89 inquiry to be established against Ramaphosa.

As a result, this meant that an independent panel will decide whether the president will be subject to a process that may lead to his removal from office.

READ MORE: Phala Phala: Ramaphosa has until 8 September to respond to Reserve Bank

Political parties have until 1 September to submit names of people who will serve on the panel, which must consist of three people, who may include a judge.

Economic Freedom Fighters (EFF) leader Julius Malema previously said the party would submit the names of former judges Mogoeng Mogoeng, Dikgang Moseneke, Bernard Ngoepe, and Yvonne Mokgoro to sit in the panel.

The opposition parties in Parliament are also expected to bring a motion of no confidence against Ramaphosa, according to Malema.