Sadtu calls for probe and possible charging of Phala Phala panel

The South African Democratic Teachers’ Union (Sadtu) has called for a full investigation into the conduct of two members of Parliament’s independent panel that was established to probe the Phala Phala scandal.

Phala Phala scandal

The Section 89 panel, headed by retired chief justice Sandile Ngcobo, last week released its report into the theft of foreign currency at President Cyril Ramaphosa’s Phala Phala game farm in Limpopo over two years ago.

The report made damning findings against Ramaphosa and led to growing calls for his resignation after the panel found that the president may have violated the country’s anti-corruption laws and the Constitution over his Phala Phala dealings.

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Sadtu, an affiliate of the Congress of South African Trade Unions (Cosatu), has described the report as “fundamentally flawed”.

‘Hearsay evidence’

The teachers’ union said the three-member parliamentary panel, which included Judge Thokozile Masipa and Advocate Mahlape Sello, “made findings based on hearsay evidence in circumstances where the hearsay evidence is wholly inadmissible and the rules applicable thereto not observed”.

Sadtu said it would, therefore, lodge a formal complaint with the Judicial Services Commission in terms of Section 14 of the Judicial Services Commission Act against Justice Ngcobo and Judge Masipa over the panel’s findings that could possibly lead to Ramaphosa facing an impeachment process in Parliament.

The union’s highest decision-making body – its national executive committee – said it held “a strong view” that Ngcobo and Masipa misled Parliament and the public that Section 34(1) of the Prevention and Combating of Corrupt Activities Act (PRECCA) was applicable in the Phala Phala matter.

Section 34(1) of PRECCA places a duty on individuals in positions of authority, like the president, to report instances of corruption to police.

Since the theft of foreign currency took place on Ramaphosa’s private property, Sadtu does not believe this section placed a duty on the president to report the burglary at his farm.

“As experts in law, the two judges ought to have known that Section 34(1) does not apply, and that Parliament and the public would rely and act on their opinion.

“The effect of their conduct is that the public will, in error, believe that the president in fact contravened Section 34(1) of the PRECCA when the section did not even apply in the present circumstances,” the union said in a statement.

Facts and law

Sadtu also took issue with the fact that the Section 89 panel was given an extension of 13 days to conclude its work.

It said despite the extension, the panel got the facts and law wrong.

“The panel and its members based their findings and conclusions on hearsay, unverified information, and untested facts aware of the adverse implications of relying on such information and with the full knowledge that information of that nature cannot be relied upon to reach such far-reaching conclusions.

“The panel in its report acknowledged the risks associated with acting on such information but nevertheless proceeded to make far-reaching conclusions.”

Sadtu added that despite the panel acknowledging that they did not have access to all the information on the Phala Phala robbery, its members proceeded nonetheless to make findings and conclusions in circumstances where it was impractical to do so.

“The panel elected not to exercise its rights not to make any conclusions where it did not have adequate information. This election was made with the clear knowledge that the public would rely and act on the opinion of the panel.

Code of Judicial Conduct

Sadtu said it was of the view that Justice Ngcobo and Judge Masipa contravened the Code of Judicial Conduct for judges and should be held accountable for allegedly being “grossly negligent in the performance of their duties”.

“Judges Ngcobo and Masipa are judges as contemplated in Section 7(1)(g) of the Judicial Services Commission Act 9 of 1994 and the Code of Conduct made in terms of the Act applies to them even as they have been discharged from active service.”

While Sadtu said it supported calls for a full and proper investigation into the Phala Phala matter, it believes parliamentary processes should not be abused to settle political scores in the name of accountability.

Meanwhile, Ramaphosa has indicated that he would take the panel’s report on judicial review to the Constitutional Court.

This comes as the ANC’s national executive committee meets in Johannesburg on Monday to deliberate on the panel’s findings ahead of Tuesday’s debate and vote in the National Assembly on whether to proceed with the impeachment process against Ramaphosa.

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