ATM takes Public Protector report on Phala Phala to court

President Cyril Ramaphosa. Picture : Phando Jikelo/African News Agency (ANA) Archives

President Cyril Ramaphosa. Picture : Phando Jikelo/African News Agency (ANA) Archives

Published Jul 31, 2023

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The African Transformation Movement has filed papers in court to challenge the report of the Public Protector on Phala Phala in which she cleared President Cyril Ramaphosa.

The report was released by acting public protector Kholeka Gcaleka a few weeks ago.

But some of the parties including the EFF, DA, ATM and others have rejected the report.

They promised to take it on judicial review.

In the papers filed in the North Gauteng High Court on Monday ATM leader Vuyo Zungula said he was challenging the findings of the report and wants it to be set aside.

Zungula said Gcaleka had failed to interview crucial witnesses before making her final decision.

This was farm manager Simphiwe Ndlovu, who stashed the cash in the furniture. Domestic worker Froliana Joseph, who allegedly tipped off the criminals about the cash and led them to the loot.

Zungula said Gcaleka should have insisted on interviewing Ndlovu, although he was resisting.

He added that Joseph’s evidence would have been more crucial.

More than $582 000 was stolen at Phala Phala farm in 2020.

Zungula also argued in his papers that it was puzzling that Gcaleka failed to get Ramaphosa’s tax records from the South African Revenue Service.

Zungula said the report by the acting public protector was a foregone conclusion.

He said she was intent on clearing Ramaphosa at all costs.

“The cumulative errors made by the acting public protector that the outcome of her investigation was a foregone conclusion. Regardless of the evidence presented to her, she was determined to exonerate the president. She did not conduct the investigation with an open and enquiring mind. She accepted bare denials and turned a blind eye to crucial and necessary evidence,” said Zungula in his application.

“Why did the acting public protector ignore all of the evidence that demonstrates the president’s involvement in the business operations of Phala Phala? In his version, he sources buyers, determines the purchase price for game, and is involved in business decisions, such as the processing of income generated from sales. Self-evidently, the president does not play a mere passive role in his business interests. He is actively involved in them. There is simply no explanation in the report as to why these facts are either not true or why they are unimportant in the overall determination of whether the president undertakes other paid work,” said Zungula.

He added that Gcaleka raised this point in her report, but said Ramaphosa was not at the farm every day and is not paid for what he does.

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