Top secret: Phala Phala Ipid report won’t see light of day

An Independent Police Investigative Directorate (Ipid) report on President Cyril Ramaphosa’s Phala Phala farm break-in has been classified “top secret” and will not be made public.

This was revealed by Police Minister Senzo Mchunu in a written reply to a parliamentary question by African Transformation leader (ATM) leader Vuyo Zungula last month.

Ipid report

Zungula asked Mchunu when Ipid intended to release its report, “considering the lodgement of a formal complaint with Ipid as early as 2022 and noting that, despite the gravity of the specified matter and repeated follow-ups, the finalised report has not yet been released”.

While the Phala Phala reports by the Public Protector and the SA Reserve Bank are publicly available, Mchunu did not provide a reason why Ipid’s report had been classified “top secret” and won’t be made public.

 “Ipid has completed its investigation, and the recommendation report was referred to the SA Police Service (Saps) on 3 October, 2023 for implementation. Ipid received the outcome from Saps and was satisfied with the response.

“The investigation report has been classified as top secret in terms of paragraph 3.4.4 of the Minimum Information Security Standards. And as such, until it is accordingly declassified, it will not be released for public consumption.”

ALSO READ: Man named in Phala Phala report ‘not aware’ buffalo belonged to Ramaphosa

Why delay?

Zungula also asked why the Ipid report was delayed, “despite more than nine formal requests from the office of Mr V Zungula and 11 complaints”?

“It is impermissible to make available a classified report for the purpose that ATM has requested it for. In essence, there is no delay in making the report available, but it is not allowed to make it available,” Mchunu fired back.

Report release

Zungula asked Mchunu if he “commits to ensuring the immediate release of the finalised Ipid report on the Phala Phala investigation, despite what appears to be a systematic attempt by Ipid to suppress the report and shield those implicated from accountability”.

Mchunu said Ipid is enjoined by its establishing Act to operate “independently and impartially and to function free of undue influence”.

“While it reports to the minister, the minister may not interfere with its operations. To suggest that the minister should ensure that Ipid releases an investigation report is similarly suggesting that the minister must interfere with Ipid operations.

“As indicated above, Ipid has classified the report “Top Secret” and to suggest that the report is supressed is disingenuous.”

Reserve Bank clears Ramaphosa

While the Ipid reports remains “Top Secret” the SA Reserve Bank cleared Ramaphosa of any wrongdoing in its investigation into the millions of undisclosed foreign currency stolen from his Phala Phala farm in 2020.

Following a year of investigations, the Sarb said in its report it “cannot conclude” that Ntaba Nyoni Estates CC (the entity involved) or Ramaphosa flouted foreign exchange control laws.

“On the facts available to it, the Sarb finds that there was no perfected transaction and thus the Sarb cannot conclude that there was any contravention of the exchange control regulations (the applicable regulation is regulation 6(1)) by Ntaba Nyoni Estates CC or for that matter by the president,” governor Lesetja Kganyago said in his report.

The SA Reserve Bank initially refused to release the report but came under pressure from opposition parties to make it available.

ALSO READ: Reserve Bank blasted: Phala Phala outcome sparks public trust controversy

NPA declines to prosecute

In October last year, the National Prosecuting Authority (NPA) declined to prosecute Ramaphosa over the Phala Phala matter, saying the decision was made following a thorough evaluation of all relevant evidence that the Hawks had provided to the prosecutors.

Limpopo director of public prosecutions (DPP) advocate Mukhali Ivy Thenga came to the conclusion that the evidence in the docket did not support a “reasonable likelihood of a 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.”

Phala Phala saga

The “top secret” report is the latest instalment in the saga that started in June 2022 when the Jacob Zuma-era director-general at the State Security Agency (SSA) laid a kidnapping and money laundering criminal complaint against Ramaphosa, presidential protection unit head Major-General Wally Rhoode, and Crime Intelligence members for allegedly breaching the Prevention of Organised Crime Act by not reporting the robbery.

Arthur Fraser claimed the suspects who broke into the president’s property were subsequently kidnapped, interrogated and paid off to keep silent.

Cash in couch

According to Fraser’s statement, millions of “undeclared” US dollars were stashed away inside items of furniture at the game farm.

However, Ramaphosa and his staff contend that the stolen $580 000 (R8 million) was a deposit by Sudanese businessman and owner of Sudanese football club Al Merrikh SC Hazim Mustafa to buy 20 buffalo.

Public Protector

Mustafa claimed he was in Limpopo celebrating Christmas and his wife’s birthday, but did not know who the buffalo or the farm belonged to.

“I wasn’t aware it belonged to the president. I dealt with a broker – the one working on Phala Phala farm.”

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.

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