Acting public protector's Phala Phala report is questionable, says FW de Kerk Foundation

Published Jul 6, 2023

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Johannesburg - The FW de Klerk Foundation says that there are concerns regarding Acting Public Protector Advocate Kholeka Gcaleka’s Phala Phala report’s credibility.

Last week, Gcaleka released her final report on allegations that President Cyril Ramaphosa violated the executive ethics code in connection with the theft at his Phala Phala farm in February 2020.

The foundation said it was a matter of public record, confirmed by the report, that Ramaphosa had been personally involved in reporting and investigating the farm theft.

"However, the acting public protector finds that President Ramaphosa had no duty to report the theft because the farm was 'managed by a private entity', while at the same time declaring that because the farm is the 'President’s private residence' he 'is entitled to (PPS) protection'," added the foundation.

In the statement, the foundation said it could be accepted that Ramaphosa need not necessarily be aware of developments in his businesses that are managed at arm’s length while he is in office, but surely he must reasonably be expected to answer questions regarding the theft of clearly unauthorised foreign currency from his personal dwelling, said the foundation.

"In fact, the report passes the buck to the SAPS, specifically General Rhoode and Sergeant Rekhoto, stating that they 'acted improperly by investigating the housebreaking without a registered case docket'," the foundation said.

Furthermore, the foundation also wondered how almost R10 million in foreign currency came into the country without being cleared by the SA Revenue Service (Sars).

"The president submitted that on February 9, 2020, an amount of Five Hundred and Eighty Thousand US Dollars ($580 000) in cash was stolen from Phala Phala farm. He stated that the money was kept in a room in his house where he thought it would be safe. Last year, Sars confirmed that this money had not been declared when it arrived in South Africa," added the foundation.

It said it was incomprehensible that such a large sum of money could be brought into the country without being declared, and that it could be stored in the president’s personal home at Phala Phala "for safety" without him having any knowledge of the transaction. And once the president became aware of the theft, why was he unable to follow the correct path and report it to the police, despite having access to the best advisers and lawyers in the country?

"When Mr Ramaphosa first assumed office in February 2018, his presidency was welcomed as 'a New Dawn' following the dark night of his predecessor, whose presidency was characterised by the capture of key state institutions to facilitate unrestrained corruption.

"Does Advocate Gcaleka’s report signal the end of President Ramaphosa’s New Dawn and the coming of another night? The foundation will continue to monitor the judicial challenges that will be brought against the report and hopes that, through this process, the outstanding questions will be answered," said the foundation.

The Star

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phala phalafarmgate