Allegations of failing to report a theft at Phala Phala farm are placing President Cyril Ramaphosa and former security chief Wally Rhoode in a precarious legal and ethical bind.
Image: IOL
In a growing controversy surrounding President Cyril Ramaphosa, allegations have surfaced that he, alongside Major General Wally Rhoode, former head of the Presidential Protection Unit (PPU), has violated the Criminal Procedure Act by failing to report a theft incident at the president's Phala Phala farm to the local police station.
International law Professor Andre Thomashausen said both Ramaphosa and Rhoode could have opened a criminal case at a local police station, allowing police to perform their duties as normal.
The remarks came after the Independent Police Investigative Directorate (IPID) found that the PPU, under Rhoode, abused state resources and invoked Ramaphosa’s name to shield their unauthorised and unlawful investigation into the 2020 theft at the Phala Phala farm.
The report identified misuse of state resources, including vehicles, flights and accommodation, for what was treated as a private matter.
Travel documents were allegedly falsified to justify trips to Cape Town and Namibia as official duties.
IPID also found that senior officers, including Rhoode, interrogated suspects without informing them of their constitutional rights.
The PPU members allegedly conducted a private investigation outside their mandate, failing to open a formal police docket or follow the proper South African Police Service (SAPS) chain of command.
Addressing the media during a recent oversight visit at the Kusile Power Station, Ramaphosa stated that the report had nothing to do with him and that he played no role in the alleged unauthorised investigations or cover-up.
He maintained that he has "always said processes must play themselves out" and that the relevant institutions must be allowed to handle the matter.
IPID investigated the matter following a complaint from the Africa Transformation Movement (ATM).
The Phala Phala scandal, also known as “Farmgate”, involves the 2020 theft of an estimated $580,000 in cash (initially alleged to be $4 million), hidden in furniture at Ramaphosa’s private game in Limpopo.
The incident remained secret until June 2022, when former spy chief Arthur Fraser filed a criminal complaint, accusing Ramaphosa of money laundering, kidnapping, and bribery to recover the funds without reporting the theft to the police.
Following an investigation, IPID classified the report as “top secret” in October 2023, which sparked political outcry and calls for transparency into the investigation.
The report, which was declassified on February 2, 2026, became public last week following a fight from the ATM and ActionSA.
The Criminal Procedure Act is the primary legislation governing the criminal justice system in South Africa. It provides a comprehensive framework for how criminal cases are handled, from the initial investigation and arrest to the final verdict and sentencing.
Thomashausen said the act was ignored during the “off-the-books” investigation into the theft.
He claimed that this also shows that the President wanted to 'cover up that he had a lot of cash in his house, which is the reason he did not lay formal charges with the police'.
Thomashausen said Ramaphosa should have instructed Rhoode to open a case correctly and under police procedures.
“Proper legal procedures and requirements were not followed in the attempts to recover the stolen money. And this also explains why there is no good outcome, as the funds were not recovered.”
“They could have taken the professional route and laid the charges at the police station and worked together with the police,”said Thomashausen.
Rhoode and Constable Hlulani Rekhoto, who is also a central figure in the alleged misconduct and cover-up, refused to participate in the IPID investigation, despite being members of the SAPS.
IPID said disciplinary action should be taken against Rhoode and Rekhoto.
Meanwhile, Political analyst Professor Sipho Seepe said Ramaphosa’s instruction to Rhoode to look into the theft is unlawful as he failed to report the matter as required by the law.
Seepe added that Ramaphosa’s involvement in this matter amounts to conflating his private interests with those relating to public office, adding that he has fallen foul of his constitutional responsibility.
Another political analyst, Zakhele Ndlovu, said like Rhoode and Rekhoto, Ramaphosa has a case to answer.