Geneal Bantu Holomisa has urged the public not to put its trust on Cyril Ramaphosa and his ANC in the upcoming general …8 9 10 11 12 President Cyril Ramaphosa is in a tight spot over the report on Phala Phala farm scandal by Public Protector Kholeka Gcaleka.1 The President’s lawyers had requested that the two North Gauteng Court applications to review the report be consolidated cut legal fees.2 Gcaleka’s report exonerated Ramaphosa from any wrong doing in the theft of US$580 000 (about R8.8 million at the time the money was stolen in February 2020) from his Phala Phala farm in Limpopo.3 She also could not find evidence to support the allegation that Ramaphosa received renumeration and/or undertook paid work at Phala Phala while present and whether he abused his powers and state resources by causing presidential protection service members to be deployed to investigate the theft of the undeclared foreign currency.4 (IOL MSN)
In addition, while Gcaleka accepted that the prevention and combatting of corrupt activities Act (precca) placed the duty on certain persons to report certain offences and that failure to report them was an offence, she said she was not empowered to pronounce on the merits demerits of the crime, and to make findings as the offence did not fall with the Public Protector Act and the matter is investigated by the Hawks.5 The Hola Bona Renaissance (HBR) Foundation and the African Transformation Movement have launched two separate high court applications to overturn Gcaleka’s report, which cleared Ramaphosa, who has come under fire for spending over R32 million on legal fees since he became president in February 2018.6 Ramaphosa recently revealed in a written parliamentary reply to EFF MP Mzwanele Manyi’s questions that he spent about R9.1 m on legal matters in which he was the applicant and nearly 23.1m on cases he had been cited in as the first respondant.7 (IOL MSN)
It looks like the president is being thrifty with his legal fees. He is planning to cut his payments in half so as to save on his money. For now, it appears Ramaphosa is in the clear on what transpired at his Phala Phala farm. Or is he? The President was accused of miss using his personal security to retrieve the stolen R 8.8 million, instead of contacting the regular police. Does this indicate mistrust on the part of the President in the South African Police Service (SAPS) or was it something darker? How much does Gcaleka know from her investigation? She is right to argue that she does not have the power to determine whether the president is responsible for wrongdoing. However the president still has to be answerable for what happened at the farm and state what happened as regards to the burglars who carried out the theft.
If Gcaleka is not invested with the authority to investigate then who has the power to hold the president to account for any questionable activities? Is it the National Prosecuting Authority (NPA) and the Constitutional Court well equipped to investigate the case? The Hawks is controlled from Union Buildings and not by the NPA. Unlike the Scorpions the Directorate of Special Operations Unit, the Hawks are spineless and have no sting. It looks like civil society groups such as the HBR and the ATM would have possibly tried to cripple the president financially rather cooperate under one suite. This is also an opportunity for the opposition parties such as the Democratic Alliance and Inkatha Freedom Party and the Congress of the People to join in and take the ruling African National Congress down a notch. The Economic Freedom Fighters (EFF) could also have a field day with this but it is unlikely that their “Commander in Chief” Julius Malema would be interested in reinstating the Scorpions.
The president has also failed to have the performance report on his cabinet ministers published.8 The leader of the United Democratic Movement (UDM) Party Bantu Holomisa has called upon Ramaphosa to release the report into public circulation and has criticised him for not doing so.9 Last year, the presidency announced that the performance assessments report of ministers will not be disclosed to the public to avoid the information being used against the president’s Cabinet members.10 The president had two to three rounds of engagements with his ministers between April and July 2023 in a review of their performances.11 The Presidency rejected the promotion of access to Information Act (PAIA) application filed by the Democratic Alliance (DA) to make the report public.12 (The Citizen)
The president should release the report if he has nothing to hide. It is imperative that the South African public, civil society and the opposition have access to the report to determine the ministers’ competence and qualification to stay in office. The president and the ANC as a whole from its caucus in parliament to its ministers in government should publish the report for everyone to see. Transparency and accountability should be the name of the game always. If the report reveals serious problems or misdemeanours then there should be repercussions. Maybe it is time for some Ministers to retire due to their advance age or health reasons and let someone younger take over. The only way to know this is to analyse the data collected on the ministers in the performance report. If or when the report is released will determine where the president stands on transparency.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
