The African Transformation Movement (ATM) has launched a scathing attack of the National Prosecuting Authority (NPA) following its controversial decision to proceed with prosecuting the highly publicised Phala Phala farm matter.
This case, which involves President Cyril Ramaphosa and the alleged theft of $4 million from his Phala Phala farm, has stirred significant public debate regarding accountability and justice in South Africa.
Back in June 2022, the former head of state security, Arthur Fraser, filed a criminal complaint against Ramaphosa, alleging that the cash was stolen by a group of Namibian nationals during a brazen robbery that unfolded in February 2020.
This incident saw the substantial sum, purportedly linked to livestock sales, stashed under couches and later uncovered, drawing attention to the security and management of Ramaphosa’s private assets.
In a statement issued on Thursday, the NPA announced that the Director of Public Prosecutions (DPP) in Limpopo, Adv Mukhali Ivy Thenga, had determined that there was “no reasonable prospect of a successful prosecution” based on the evidence available to her office. The NPA's statement underscored that the decision was in accordance with their Prosecution Policy, which mandates a thorough assessment of evidence before criminal proceedings are instituted.
However, the ATM’s leader, Vuyo Zungula, vehemently rejected this decision, labelling it not only “legally flawed” but also a severe undermining of South Africa’s foundational principles of justice, transparency, and accountability.
His statements reflect a broader apprehension regarding the handling of politically sensitive cases within the country's judicial framework.
Zungula stated: “This decision represents a gross failure to consider key evidence and the legal obligations under the Prevention and Combating of Corrupt Activities Act (PRECCA). The law is clear: any individual in a position of authority who knows of corruption involving sums over R100,000 must report it. Mr. Ramaphosa, as a sole owner of Ntabanyoni Enterprise, cannot evade responsibility. His failure to act not only raises questions but constitutes a tangible infringement of this legislation.”
Moreover, Zungula highlighted the troubling implications of the undeclared foreign currency located at Ramaphosa’s property.
Following confirmation from the South African Reserve Bank (SARB) that the funds were not declared, concerns have escalated about possible breaches of both tax law and foreign exchange regulations.
“It is incomprehensible that the NPA could overlook such blatant violations, allowing the President to evade scrutiny on such tenuous grounds,” he remarked, expressing fears of a biased application of the law that favours the powerful elite.
The Star