UDM gives NPA ultimatum over Ramaphosa Phala Phala saga

The UDM wants President Cyril Ramaphosa to be prosecuted for not reporting the Phala Phala theft directly to the Hawks or police. File photo.
The UDM wants President Cyril Ramaphosa to be prosecuted for not reporting the Phala Phala theft directly to the Hawks or police. File photo.
Image: Freddy Mavundla/Business Day

The UDM has threatened court action and wants President Cyril Ramaphosa charged for not directly reporting the theft at his Phala Phala farm to the right authorities. 

This week the Presidency announced Ramaphosa would no longer legally challenge the section 89 panel’s report which found prima facie evidence “that the president may have committed a serious violation” of the constitution and the law.

The report indicated Ramaphosa reported the theft to the head of his protection unit, Maj-Gen Wally Rhoode, instead of the police or Hawks and had a case to answer.

UDM president Bantu Holomisa wants the NPA to charge Ramaphosa based on the panel’s findings. 

“The report stands as a valid document with a finding by independent and very senior legal experts that the president has a case to answer for the serious criminal offence of breaching section 34 of the Prevention and Combating of Corrupt Activities Act.

“The UDM therefore calls upon advocate Shamila Batohi, national director of public prosecutions, to charge Ramaphosa on the findings of the Ngcobo Panel which is stronger in calibre than any police investigation would be,” he said. 

Holomisa threatened to take Batohi to court should the NPA not charge the president by June 1. 

“The appropriate court will be approached on an urgent basis to compel her to do so,” he said. 

While Holomisa believes the panel report was enough for the prosecution of Ramaphosa, the Presidency said the report holds no weight in law.

“The president has been advised — which advice he has accepted — that the panel report and all issues associated with it have become moot and are of no practical and legal consequence because on December 13 2022 the National Assembly decided to reject the motion to refer the panel report to an impeachment committee.

“While that decision remains valid, the section 89 panel report carries no weight in law,” the Presidency said on Monday. 

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