PANEL FINDS AGAINST RAMAPHOSA

Guilty on 4 counts

PRESIDENT Cyril Ramaphosa is facing impeachment after the Section 89 Independent Panel found there was enough prima facie evidence for him to answer for the Phala Phala theft allegations.

The three-member panel – comprising retired chief Justice Sandile Ngcobo as chairperson, retired Judge Thokozile Masipa and advocate Mahlape Sello – handed their report to National Assembly Speaker Nosiviwe Mapisa-nqakula yesterday morning.

The panel concluded that the president may have committed:

A serious violation of sections 96(2) (a);

A serious violation of section 34(1) of Prevention and Combating of Corrupt Activities Act (Precca);

A serious misconduct in that the president violated section 96(2)(b) by acting in a way that is inconsistent with his office;

Serious misconduct in that the president violated section 96(2)(b) by exposing himself to a situation involving a conflict between his official responsibilities and his private business in terms of the Constitution.

The removal of the president is governed by section 89 of the Constitution, which states that “the National Assembly, by a resolution adopted with a

supporting vote of at least two thirds of its members, may remove the president from office on the grounds of a serious violation of the Constitution or the law; serious misconduct; or inability to perform the functions of office”.

The motion to remove the president was brought by MP Vuyo Zungula of the ATM in July, following a complaint by former spy boss Arthur Fraser.

The panel said there were numerous “enduring” questions around the reported theft of $4 million in cash that was stashed in a couch in Ramaphosa’s Phala Phala game farm in February 2020.

“The enduring questions are the following: The source of the money stolen; Why was the house breaking and theft not reported in terms of section 34 (1) of Precca or to any other police officer for investigation?; (and) Why did the South African police request

the Namibian police handle the matter ‘with discretion’?”

The panel scrutinised Ramaphosa’s submission that Sudanese businessman Mr Mustafa Mohamed Ibrahim Hazim was the source of the foreign currency.

A receipt for $580 000 submitted as supporting evidence, bearing a Phala Phala letterhead, but without a VAT or a tax number was also scrutinised.

“It is true the President’s version is supported by the acknowledgement of receipt. Admittedly, on its face, the acknowledgement of receipt states that Mr Sylvester Ndlovu received a sum of US $580 000 from a Mr Hazim as payment for 20 buffaloes.

“But as we have pointed out earlier, there are a number of important questions relating to this transaction that remain unanswered. These questions relate to Mr Hazim’s visit to the farm;

the acknowledgement of receipt itself; concealment of the money inside a sofa; the fact that for over two years the buffaloes are still on the farm; the fact that Mr von Wielligh, the General Manager, did not know about the money; and the amount that was stolen.

“It is significant that the origin and the transaction pertaining to the foreign currency became the subject of an investigation by the SARB. This suggests that the SARB had no records of this currency coming to South Africa.”

Another “troubling feature” about the source of the stolen foreign currency was that the theft was never reported to the SAPS.

“All of this occurred amid accusations of torture and bribery of the suspects to buy their silence.

“And if these accusations are established, they make the violations and the misconduct involved in the charges, very serious indeed.”

Following the release of the report last night, Ramaphosa reiterated his denial, contained in his 138-page submission to the panel.

“I have endeavoured, throughout my tenure as President, not only to abide by my oath but to set an example of respect for the Constitution, for its institutions, for due process and the law. I categorically deny that I have violated this oath in any way, and I similarly deny that I am guilty of any of the allegations made against me,” he said.

The National Assembly is set to discuss the report at a hybrid plenary that will sit on December 6.