Alleged South African crime
The 2020 Phala Phala Robbery or Cyril Ramaphosa Farm Burglary or Farmgate Scandal was a burglary of South African President Cyril Ramaphosa's private Phala Phala game farm near Bela-Bela, Limpopo, South Africa. The incident occurred on 9 February 2020 in which an indeterminate amount of cash was stolen. Arthur Fraser, an ally of former President Jacob Zuma alleged that around 4 million US dollars (60 million rand) of undeclared foreign currency had been stolen. However, subsequent reports indicated that the amount stolen was $580 000 Ramaphosa denied any wrongdoing, and sought judicial review of a report by a panel appointed by the South African Parliament released in 2022 that accused him of "serious misconduct". Opposition parties and MPs have slammed investigations into the source of the cash, and have accused the South African Reserve Bank of a providing claptrap report and systemic coverup. The Democratic Alliance intends to pursue the courts to further investigate the matter.
Context.
On 1 June 2022, former head of the State Security Agency and close ally of former president Jacob Zuma, Arthur Fraser, lodged a criminal complaint against Cyril Ramaphosa for defeating the ends of justice by committing breaches of the Prevention of Organised Crime Act and the Prevention of Corrupt Activities Act of 2004. Fraser's complaint stated that a total of US$4 million (equivalent to R62 million) stashed inside a couch at Ramaphosa's home at the Phala Phala game farm in Waterberg, Limpopo was stolen “on or about” 9 February 2020. It went on to state that the president did not report the crime and that the existence of such a large amount of foreign currency was not declared to the reserve bank despite regulations. Fraser's complaint also alleged that suspects supposedly involved in the theft were kidnapped and interrogated at the farm and were paid off not to tell anyone of the incident. The Namibian authorities identified suspects involved in the theft before it became public but allegedly let the matter go following requests from South African state security sources.
Sources close to the president stated that whilst a theft did take place at the farm the amount of money involved was less than Fraser had claimed and the money was all legally obtained following the sale of Ankole cattle. Ramaposa stated that he did not report the crime as he did not want to cause alarm within the farming community and instead the presidential security detail investigated the theft.
2020 alleged burglary.
From the allegation and charges laid by Arthur Fraser, the following events allegedly took place: A domestic worker employed at the Phala Phala game farm had allegedly discovered foreign currency hidden in furniture. She lived off the farm in the village of Cyferskyl. Many Namibians live there and their origin were from persons who had fought on the side of the South African Defence Force during the Border War and settled in South Africa after 1989. She discussed the find with some neighbours and they put her in touch with some Namibians, who could help her, and were based in Cape Town. The burglary occurred on the night of 9 February 2020, around 10 pm. Fraser claimed the whole event was recorded on CCTV. The burglars initially broke into the wrong room and were then allegedly assisted by the domestic worker to the right room. After the burglary, they then fled to Cape Town. When the burglary was discovered, the head of the Presidential Protection Unit Major-General Wally Rhoode allegedly became involved, instructed to investigate by Cyril Ramaphosa. Suspects were eventually traced to Cape Town after the domestic worker was interrogated and her cell phone examined for messages with the burglars. In Cape Town, the burglars laundered the foreign currency into Rands at a Chinese money exchange. Fraser claims the suspects were interrogated, any money left over returned and the burglars paid-off with R150 000. At least one was allegedly interrogated while in Namibia by Rhoode. This occurred due to the alleged intervention of Ramaphosa with Namibian President Hage Geingob. The domestic worker was allegedly fired then reinstated and paid off with $150 000.
Burglary suspects.
The following alleged suspects were identified from the charges laid by Arthur Fraser with the police. The suspects that have been interviewed by journalists have claimed they are innocent.
2022 timeline.
On 1 June, former Director-general of the State Security Agency and Department of Correctional Services commissioner Arthur Fraser and his lawyer attended the Rosebank Police Station and laid a charge of money laundering, defeating the ends of justice and kidnapping against President Cyril Ramaphosa. He presented evidence to support his allegations that included names, photographs, video footage of the robbery, and bank accounts. He alleged that $4 million in foreign currency was stolen from a concealed location at the president's game farm, Phala Phala, on 9 February 2022. He alleged the burglars were then identified, kidnapped, interrogated and then bribed to hide the implications of the undeclared foreign currency from the South African Police Service and South African Revenue Service The allegation was laid under section 34(2) of the Prevention and Combatting Corrupt Activities Act, which states that it is an offence not to report alleged crimes related to the act.
A spokesperson for the presidency, Vincent Magwenya, confirmed on 2 June 2022 that, during the burglary that occurred at the president's farm in 2020, around $4 million was stolen and that Ramaphosa denied any criminal conduct. The spokesman question the timing of Fraser's disclosure two years later. Magwenya confirmed that the theft was reported to the head of the Presidential Protection Unit of the South African Police.
By 3 June 2022, Democratic Alliance leader John Steenhuisen said that his party would be writing to the South African Revenue Service (SARS) calling for the organisation to investigate whether the money had been declared and tax paid. They would also write to South African Reserve Bank (SARB) asking them to investigate whether the foreign exchange held by Ramaphosa was the result of an illicit flow of funds and whether money laundering was involved.
On Sunday 5 June 2022, President Ramaphosa, at his closing address of the ANC Limpopo provincial conference, claimed there was a political agenda around the disclosure that he had hidden the theft of money from his game park and that the amount of money was far less than had been reported. He claimed the money came from selling game animals and he had not stolen money nor was it a case of money laundering.
Monday, 6 June 2022, saw ANC National Executive Committee (NEC) member Tony Yengeni, a Jacob Zuma supporter, have the National Working Committee (NWC) meeting agenda modified to include a discussion about the brewing scandal. He attempted to force the committee to make the Ramaphosa step down while he was investigated by the ANC's integrity committee. He also attempted to get the president to face parliament's ethics committee. The attempt failed to unseat the president and the NWC accepted a report from Ramaphosa and would wait for the investigation to take its course before making a decision.
United Democratic Movement leader Bantu Holomisa wrote to the parliamentary speaker on 7 June 2022 requesting that parliament investigate the allegations using a panel of retired judges, and that president should step down during the process and allow the vice-president David Mabuza to assume the role.
On 7 June, the Economic Freedom Fighters (EFF) released a video supposedly of the robbery at Cyril Ramaphosa's Phala Phala game farm. EFF leader Julius Malema called for the president to step aside while the police investigate. He promised to mobilise the public to stop recognising his right to be president if he failed to step aside. Malema also claimed the police were being pressured to change dates on official documents to back the president's claims that the Presidential Protection Unit had opened a case. After the purported footage was released, the EFF laid allegations of money laundering with Ramaphosa denying the allegations.
Public Protector Advocate Busisiwe Mkhwebane announced on 8 June 2022 that she would be investigating Ramaphosa for criminal activities after receiving a complaint from African Transformation Movement MP and president Vuyo Zungula concerning allegations of bribery, concealing crimes and kidnapping at the president's farm.
The following day, 9 June 2022, Public Protector Advocate Busisiwe Mkhwebane was suspended by Cyril Ramaphosa. Her suspension came, after weeks earlier, the president had requested her to report back to him as to why he shouldn't suspend her. This she had done on 27 May 2022. Her suspension would in no way hinder the deputy public protector from investigating the president.
President Ramaphosa stated on 10 June 2022, that he would step aside if he was charged over the events that followed after money was stolen from his game park by burglars. He also announced that he had volunteered to appear before the ANC Integrity Commission.
On 13 June 2022, ex-ANC spokesperson and Jacob Zuma supporter, Carl Niehaus opened a case of money laundering and kidnapping, at a police station, against Cyril Ramaphosa. He said the president should be held accountable for his crimes and the opening of a case against the latter should become a national campaign and encourage South Africans to do the same. On the same day, the Hawks confirmed that a group of investigators had been appointed to investigate.
African Transformation Movement leader Vuyo Zungula tabled an official motion on 14 June 2022 that parliament investigate President Cyril Ramaphosa by forming a Section 89 Committee Inquiry over allegations the latter had violated section 89 of the South African Constitution.
On 15 June 2022, the Hawks investigators met Arthur Fraser and discussed his allegations, provided additional information and he received an update on the case's progress.
Namibian Police Inspector-General Sebastian Ndeitunga alleged that after the arrest of Imanuwela David on 12 June 2020, Namibian police meet South African police on 19 June 2020 in Noordoewer, ǁKaras Region to discuss the arrest and the proceeds that had been obtained from the crime in South Africa. He also refuted any allegations of torture alleged by Fraiser in his affidavit. Police Minister Bheki Cele denied any knowledge of the meeting. The South African National Defence Force (SADF) had also denied allegations that Imanuwela David had been a member of its organisation, an allegation also made by Namibian police. Home Affairs also refused to confirm David's citizenship.
South African Justice and Correctional Services spokesperson Chrispin Phiri said on 21 June that no request had been received from the Namibians, something the Namibians said they had done, in order to confirm whether a crime had been registered in South Africa in relation to the alleged suspects and money flow into Namibia so that a preservation order could be issued.
DA leader John Steenhuisen said on 21 June, that the DA had written to Federal Bureau of Investigation (FBI) to request that they investigate allegations of possible money laundering. They wanted the source of the funds investigated, whether it was brought into the country legitimately. The DA also wrote to the South African Revenue Service and the Financial Intelligence Centre requesting they investigate potential crimes.
The "Sunday Independent" newspaper alleged in late June 2022, that sixteen members of special task force were deployed to investigate the money theft and budgeted out of a secret crime intelligence account. Three months after the theft, it was alleged the unit was reduced to eight after General Sam Setlhabaneing complained that money was being spent on an operation he knew nothing about. Eventually the task force was disbanded. Other allegations were made that a cell phone interception device was used to track the alleged burglars to Cape Town. They were raided under the pretext of a drug dealing. It was also alleged some of the stolen money was found and that alleged burglars were then bribed to maintain their silence.
Deputy Public Protector, Advocate Kholeka Gcaleka requested thirty-one answers to the questions she had sent to President Cyril Ramaphosa. The deadline was set as 22 June 2022 but he did not meet the deadline and Gcaleka gave him and extension. This extension had not been disclosed publicly. She would later defend her decision saying it was based on the amount of information required and all extensions were based on merit and maintained her independence and impartiality.
In July Speaker of the National Assembly, Nosiviwe Mapisa-Nqakula declined to proceed with Democratic Alliance's request for parliament to set