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ActionSA lays criminal charges against Ramaphosa over Phala Phala

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By Charmaine Ndlela

ActionSA has laid criminal charges against President Cyril Ramaphosa in connection with the Phala Phala scandal, alleging that he misled the country about the amount of money stolen during the 2020 burglary at his Limpopo farm.

The party on Wednesday opened a case at the Bela-Bela Police Station and claimed that the amount stolen may have been far higher than previously disclosed.

In a statement, ActionSA said reports now in the public domain suggest that at least R15 million may have been stolen, substantially more than the widely cited figure of about $580,000, or roughly R8.75 million at the exchange rate at the time.

“These charges arise from serious concerns regarding the alleged concealment and under-disclosure of the true amount of money stolen during the burglary at the President’s Phala Phala farm,” the party’s ActionSA Parliamentary Chief Whip Lerato Ngobeni said.

Ngobeni also cited reports that cash flow analyses conducted by the National Prosecuting Authority on one of the accused robbers raised questions about the scale of the funds involved.

“Should similar analyses be conducted in respect of the remaining accused, South Africans may well be confronted with an even more disturbing picture regarding the scale of the funds connected to this matter and the transactions surrounding it,” Ngobeni said.

The charges include alleged violations of the Prevention and Combating of Corrupt Activities Act (PRECCA), as well as fraud and perjury linked to what ActionSA described as false declarations regarding the amount stolen.

The party claims newly surfaced documents linked to the National Prosecuting Authority (NPA) investigation show that more than R15 million moved through the bank accounts of one of the accused around the time of the robbery, despite Ramaphosa initially reporting that about R8.75 million had been stolen.

ActionSA argues that the discrepancy raises questions about whether PRECCA was breached and whether offences including fraud and perjury may have been committed.

Speaking outside the police station, ActionSA national chairperson Michael Beaumont said no one, including the president, should be above the law.

“If the president of this country is above the law, what does that mean for ordinary South Africans? That is not the democracy people fought and died for,” Beaumont said.

He said the latest revelations should form part of the parliamentary impeachment process expected to follow last week’s Constitutional Court ruling.

“The information we are laying charges about today was not known four years ago. If Parliament is going to consider impeachment proceedings, it cannot rely only on outdated information while ignoring new evidence that has emerged,” he said.

Beaumont also announced that Ngobeni, as the party’s Parliamentary Chief Whip, would represent the party in the impeachment committee process.

According to ActionSA, financial analyses contained in the NPA’s case against the accused burglars indicate that cash transactions exceeding R15 million passed through the accounts of one suspect around the time of the robbery.

“We were told only R8.7 million was stolen. What happens when investigations into the other accused are completed?” Beaumont asked.

The party maintains that failure to disclose the full amount allegedly stolen may constitute a breach of PRECCA, which requires the reporting of transactions above R100,000.

ActionSA further alleges that misleading investigators and making false declarations under oath could amount to fraud and perjury.

“South Africans deserve truth and accountability on the Phala Phala matter,” Beaumont said.

Last Friday, the Constitutional Court of South Africa ruled that the National Assembly’s December 2022 decision to reject the Section 89 panel report into the Phala Phala scandal was unconstitutional, reviving a process that could lead to an impeachment inquiry.

The Section 89 panel found prima facie evidence that Ramaphosa may have a case to answer regarding possible constitutional violations and serious misconduct linked to the burglary.

ActionSA said reopening the matter was necessary to ensure transparency, accountability and that the Phala Phala matter is treated with the seriousness it deserves.

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