The independent panel appointed by the Speaker to investigate whether there was any evidence of wrongdoing on President Cyril Ramaphosa’s part in the Phala Phala saga, has said there exists “prima facie” evidence that he breached anti-corruption laws.

The report led by former Chief Justice Sandile Ngcobo, found that:

“Viewed as a whole, the information presented to the Panel, prima facie, establishes that:

263.1. There was a deliberate intention not to investigate the commission of the crimes committed at Phala Phala openly.

263.2. The misconduct based on violations of the provisions of section 96(2)(b) and the
violation of section 34(1) of PRECCA were committed to keep the investigation a secret.

263.3. The request to the Namibian Police to “handle the matter with discretion” confirms this intention.

263.4. The President abused his position as Head of State to have the matter investigated and seeking the assistance of the Namibian President to apprehend a suspect.

263.5. There was more foreign currency concealed in the sofa than the amount reflected
in the acknowledgement of receipt. This raises the source of the additional currency.

Another section reads:

“In light of all the information placed before the Panel, we conclude that this information discloses, prima facie, that the President may have committed:

264.1. A serious violation of sections 96(2)(a).

264.2. A serious violation of section 34(1) of PRECCA.

264.3. A serious misconduct in that the President violated section 96(2)(b) by acting in a way that is inconsistent with his office.

264.4. A serious misconduct in that the President violated section 96(2)(b) by exposing himself to a situation involving a conflict between his official responsibilities and his private business.”

Section 89 allows for the removal of sitting president on the grounds of a serious violation of the Constitution of the law; serious misconduct or an inability to perform the functions of the office.

Ramaphosa has, in his detailed response running to some 138 pages including annexures, rebutted all charges and advanced his own version to challenge not only the allegations, but also the premise of the charges themselves.

In a statement, the President’s office said the Section 89 process has presented an unprecedented and extraordinary moment for South Africa’s constitutional democracy.

“The conclusions of the panel require careful reading and appropriate consideration in the interest of the stability of government and that of the country,” the statement read.

“I have endeavoured, throughout my tenure as president, not only to abide by my oath but to set an example of respect for the Constitution, for its institutions, for due process and the law. I categorically deny that I have violated this oath in any way, and I similarly deny that I am guilty of any of the allegations made against me.”

Ramaphosa’s office is giving consideration to the report and an announcement will be made in due course.

Sources: News 24, Parliament