Ramaphosa will not be prosecuted for Phala Phala
The NPA announced yesterday that President Cyril Ramaphosa will not be prosecuted for Phala Phala, after the DPP in Limpopo – Advocate Mukhali Ivy Thenga – took the decision not to prosecute anyone.
This decision follows a comprehensive investigation process that was conducted by the Directorate for Priority Crimes Investigation following a complaint laid by Mr Arthur Fraser with the SAPS.
A News24 report notes in June 2022, Fraser – the former DG at the State Security Agency – opened a kidnapping and money laundering case against Ramaphosa, Presidential Protection Unit head Major-General Wally Rhoode and Crime Intelligence members for allegedly concealing a burglary at Ramaphosa's Phala Phala farm in February 2020.
The NPA has now said: ‘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.’
It added various factors needed to be considered when the prosecutor evaluates evidence – the strength of the case for the state; the availability of evidence; whether the state witnesses are likely to be credible; the admissibility of evidence; the reliability of evidence; and the strength of the case for the defence.
Commenting on the NPA’s announcement, the executive director of Corruption Watch, Karam Singh, said: ‘Unanswered questions remain despite the decision not to prosecute and decision of other offices of no ethical breaches or prosecutable criminal offences.’
In August this year, Daily Maverick reported that the EFF wanted the Constitutional Court to find the National Assembly guilty of violating the Constitution by voting against taking action on the ‘cash-in-couch allegations’ against the President.
The motion for a special parliamentary investigation into the incident was defeated by the ANC in a National Assembly vote in early 2023.
The Constitutional Court hearing is scheduled for 26 November.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
