Phala Phala report: Ramaphosa absolved of any wrongdoing

JOHANNESBURG - Acting Public Protector advocate Kholeka Gcaleka has exonerated President Cyril Ramaphosa from any wrongdoing in the Phala Phala farm scandal but has found the police wanting in their handling of the 2020 burglary at the Limpopo farm.

Gcaleka made public her final report on the matter at her Pretoria office on Friday morning.

And while she absolved Ramaphosa of any wrongdoing, his head of security major-general Wally Rhoode, and presidential protection official Sergeant Hlulani Rikhotso, were found to have exhibited improper conduct in their handling of the investigation.

The Phala Phala report is one of 12 that Gcaleka has made public, including an investigation into claims of judicial capture laid by Economic Freedom Fighters (EFF) deputy president Floyd Shivambu and Phapano Pasha against Ramaphosa, Justice Minister Ronald Lamola, and Gauteng Judge President Dunstan Mlambo.

Gcaleka told journalists the investigation into the controversial Phala Phala saga looked at three major issues around the president, which included whether he contravened the executive ethics code, acted in conflict with his oath of office, and if he abused his powers.

READ: Mkhwebane's probe into the Phala Phala saga was based on hearsay: Gcaleka

The Chapter 9 institution also investigated the conduct of the police’s handling the Phala Phala burglary.

Gcaleka found there was no basis to conclude that Ramaphosa contravened the Executive Members' Ethics Act.

The acting public protector said there was no evidence to prove Ramaphosa was actively involved in the day-to-day operations at his farm, or even earned remuneration from it or Ntaba Nyoni, the private entity he is the sole director of which manages the Limpopo farm.

She said while he did have financial interests, he made this declaration in line with the country’s legal prescripts.

Gcaleka said claims of conflicts of interest were also unsubstantiated, flagging that the president’s farm did not do any business with the State.

A complaint against Ramaphosa was made by the African Transformation Movement’s (ATM) Vuyo Zungula in June 2022. The Democratic Alliance’s (DA) John Steenhuisen also approached the Chapter 9 institution, along with two members of the public.

All grievances were based on the criminal complaint laid by former spy boss Arthur Fraser, who claimed the president failed to report the theft of millions of undisclosed foreign currency stuffed in a sofa at his Limpopo-based farm.

Ramaphosa was accused of breaching the ethics code by failing to report a crime, undertaking paid work while serving as the country’s head of State, and exposing himself to situations where there was a conflict of interest between his private interest and national responsibilities.

The highly politicised investigation had been used as a basis to call for Ramaphosa to step down by opposition parties. It also seen the suspension of advocate Busisiwe Mkhwebane, who started the inquiry, and the rise of her deputy, Gcaleka, who took her time in completing the investigation.

The acting public protector told Eyewitness News earlier this year, that she had reinforced the investigative team.

At the time, she said it was a complex investigation which involved information from the intelligence community.

She also stressed her understanding of the genuine concerns expressed by South Africans, as the matter involved a sitting president.

The inquiry also found the president did not abuse his powers, as he is entitled to protection at all private residences he uses during his term of office - despite the fact that Ramaphosa refused security at the farm, as he is seldom there.