Cape Town - The Office of the Public Protector says the investigation into the alleged violation of the Executive Ethics Code by President Cyril Ramaphosa in connection with the break-in and theft of dollars on his Phala Phala farm has been completed.
This emerged in a letter acting executive manager for investigations Vusumuzi Xolani Dlamini wrote to ATM leader Vuyo Zungula.
In his letter, Dlamini gave Zungula, who is a complainant in the matter, a status update on the investigation in connection with allegations that Ramaphosa violated the Executive Ethics Code after the theft of dollars that were hidden at his Phala Phala farm in Waterberg, Limpopo on February 9, 2020.
He informed Zungula in his letter dated January 20 that the investigation had been completed.
“An interim report has already been drafted by the investigation team.
“The interim report has been scheduled to serve through the internal review structures for quality assurance purposes,” Dlamini wrote in his letter.
He also said once the quality assurance process was completed, the interim report would be served to the relevant parties.
This would afford them an opportunity to comment on the intended findings before the report was made final.
“Further progress or new developments on this matter shall be communicated to you in due course,” Dlamini added in his letter.
But ATM spokesperson Zama Ntshona on Tuesday said his party was eagerly waiting to see how the Office of the Public Protector has interacted and processed the same information which was given to the parliamentary Independent Panel.
“The ATM eagerly awaits these findings of the Acting PP. Advocate (Kholeka) Gcaleka on this matter, as her stance and positioning on the matter will amongst other things, tell of her commitment to Justice prevailing in this country through her office,” Ntshona said.
He also said the three-member Section 89 independent was unanimous that there was prima facie evidence that Ramaphosa had violated his oath of office.
“The big question is, will Adv Gcaleka and her staff find differently?” Ntshona asked.
The report of the Section 89 independent panel on Phala Phala, chaired by former chief justice Sandile Ngcobo, concluded that the information placed before the panel disclosed, prima facie, that Ramaphosa may have committed serious violation of the law and the constitution.
The panel was formed after the ATM tabled a motion of no confidence against Ramaphosa after former head of State Security Agency Arthur Fraser laid criminal charges in connection with the break-in and theft of foreign currency on his Phala Phala.
Fraser alleged in affidavit that Ramaphosa committed serious crimes that included bribery, money laundering, kidnapping, breaching of customs and excise laws, breaching SARS regulations, breaching the Prevention of Organised Crime Act and defeating the ends of justice, among other
However, Ramaphosa has since taken the independent panel report on review in the Constitutional Court.
In his affidavit, he said the recommendations of the panel were reviewable under the constitutional principle of legality.
“I submit that the panel misconceived its mandate, misjudged the information placed before it and misinterpreted the four charges against me.
“It moreover strayed beyond the four charges and considered matters not properly before it,” he said.
The only three opposition parties that made submissions to the Section 89 panel - ATM, UDM and EFF – are opposing his review application.
The trio had argued strongly against the roll call vote on the report at the National Assembly special sitting on December 13 when the ANC used its majority to vote against the report, a move that effectively put a stop on a possible impeachment process against Ramaphosa.
Cape Times