The announcement by the National Prosecuting Authority (NPA) not to prosecute President Cyril Ramaphosa or any other suspects implicated in the controversial Phala Phala case has been met with outrage and disgust.
The announcement was made on Thursday by the Director of Public Prosecutions (DPP) in Limpopo, Advocate Mukhali Ivy Thenga.
The NPA said the decision came after a comprehensive investigation process that was conducted by the Directorate for Priority Crimes Investigation (DPCI) following a complaint laid by former spy boss, Arthur Fraser with the South African Police Service (SAPS).
Speaking to IOL, renowned political analyst Professor Sipho Seepe said this was an insult to the panel responsible for compiling a report which found that he violated the Constitution.
The Section 89 Independent Panel was headed by, Chief Justice Sandile Ngcobo, retired High Court Judge Thokozile Masipa and advocate Mahlape Sello – found that Ramaphosa “has a case to answer on the origin of the foreign currency that was stolen, as well as the underlying transaction for it”.
Seepe said the NPA has undermined a report compiled by senior minds which are well versed in how the law operates.
“When you have a chief justice that says the president has a case to answer and somebody who reports to the president, then you understand that the decision is made by people who are concerned about their career progression,” he said.
Seepe said if political parties desire a different outcome, they must take this matter to a private prosecution and use the findings made by the panel who compiled the report.
“Judges who were members of the panel will be far greater than any other official who still requires career progression. Because what these people are doing is to look at their careers, hence its a problem to have the president who still appoints people in the NPA because they will never hold him accountable, they are looking at their careers,” he added.
Meanwhile, Zama Ntshona, spokesperson of the African Transformation Movement, said the party finds NPA’s decision “very odd” and unbelievable.
“The NPA says the evidence presented will not amount to a winnable case. We find this very odd because the President himself admitted to having money that was foreign which he didn’t declare and he had it longer than he should have,” Ntshona said.
Ntshona added that the party was not convinced by the NPA’s decision and they want to see the evidence or report they used to reach their conclusion.
“The statement they released doesn’t speak to the nitty-gritty of what constitutes the insufficient evidence they are talking about. For us, they must release that report. They must take us to their confidence and we need to satisfy ourselves as well and show us that what they are saying is the truth,” he said.
IOL previously reported that a robbery took place at Ramaphosa’s farm in February 2020. It was reported that around $4 million was taken. The money, later reported to be from the sale of livestock, was hidden in a couch. The robbery was reported in March of the same year.
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