Public Protector clears Ramaphosa in ANC leaked audio investigation

The office of the Public Protector has cleared President Cyril Ramaphosa regarding his remarks heard in a leaked audio.

Earlier this year, suspended Public Protector, Busisiwe Mkhwebane launched an investigation into Ramaphosa for allegedly breaching the Executive Code of Ethics.

The investigation was launched after ANC MP Mervyn Dirks wrote to the Standing Committee on Public Accounts (Scopa) requesting the committee to summon Ramaphosa to account for remarks he made in a leaked audio recording.

In the recording, Ramaphosa is heard commenting on allegations of public funds being used for ANC  campaigns, and that he was “willing to fall on the sword” to protect the governing party.

‘Unsubstantiated’

Releasing a report into the matter on Friday, Acting Public Protector, Kholeka Gcaleka concluded that allegation against Ramaphosa was “unsubstantiated”.

“Evidence obtained indicates that prior to the president making these utterances, it was widely reported even in the Zondo Commission which was public on the misuse of public funds by the ruling party for party political gain,” she said.

Gcaleka said there was no evidence the Public Protector’s office can find that Ramaphosa “contravened any provisions of the Code”.

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“In the circumstances, the Public Protector of South Africa is satisfied that the utterances of the president in the audio was not in violation with the Code. Accordingly, the investigation is closed,” she added.

In June, Scopa decided not to investigate Ramaphosa regarding the audio after initial interest.

This after ANC members, part of Scopa, prevented the committee from summoning the president to give oral evidence on his remarks following a majority vote in March.

The committee had previously given Ramaphosa 10 days to respond to the allegations against him. 

Dirks’ allegation

Regarding the accusations by Dirks against the Public Protector, Gcaleka said: “He is alleging that the Public Protector is shielding the president from scrutiny. This allegation is unfounded”.

“He says the president’s leaked remarks arose as he was being asked about the funders of the CR17 campaign.

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“It is crucial for us to emphasise that Mr Dirks’ complaint, as you will see in the report, was never about the CR17 campaign and in any event we could not reinvestigate [the matter].”

Dirks was suspended by the ANC in January, after approaching Scopa, with the governing party initiating disciplinary proceedings against him.

The ANC MP also failed to overturn his suspension in court.

‘Fall on the sword’

In the leaked audio recording, Ramaphosa is heard saying he was “willing to fall on the sword” to protect the ANC.

“Each one of us knows that quite a bit of money that is used in campaigns, in bussing people around, and doing all manner of things, is from state and public resources. We cannot kid ourselves when it comes to that.

“As the people from State Security were testifying, one of the officials said, ‘surely, they will be revealing about how money from SSA was used for some campaign’. I said, heaven forbid.

“I would rather they say, ‘yes, you got money from this businessman for CR17 than for the public to finally hear that their money was used to advance certain campaigns’,” he said during a meeting of the ANC’s national executive committee (NEC).

However, Ramaphosa explained in one of his answers to Scopa that he had relied on public information for his comments in the audio.

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