It is unprecedented for a president to be investigated by all investigating agencies in the country except the Special Investigating Unit (SIU) because SIU proclamations are signed by the head of state, currently President Cyril Ramaphosa.
This is according to the leader of the African Transformation Movement (ATM) Vuyo Zungula, who spoke to Independent Media on Wednesday.
Zungula’s party launched a motion of no confidence in Ramaphosa because of his involvement in the Phala Phala scandal.
Ramaphosa is accused of being allegedly involved in money laundering, undermining the rule of law, assault and kidnapping at his Phala Phala farm in the Bela Bela Municipality in Limpopo.
“The Phala Phala farm scandal is the worst scandal for a head of state since the dawn of democracy. We will study the report to see how the panel processed the submitted evidence,” said Zungula.
Highlighting some of the laws Ramaphosa might have violated, he said Ramaphosa had breached his oath of office and committed various crimes.
“Section 96(2a) of the Constitution was breached because it prohibited paid work by members of the Cabinet which are led by Ramaphosa.
“Section 96(2b) of the Constitution was breached as there is a clear conflict of interest. Section 34(1) of the Prevention and Combating of Corrupt Activities was breached where there was a failure to report.
“The Foreign Exchange Law was breached as the president was in possession of excessive foreign currency. The South African Revenue Service (Sars) laws were breached in terms of tax evasion, which also brings us to Home Affairs laws/border control that was breached when the dollars illegally entered the country,” said Zungula.
SIU spokesperson Kaizer Kganyago said that his unit was not involved in the Phala Phala investigation as they were not mandated to do so.
“The SIU investigates state-owned entities (SOEs) and provincial municipalities. The Hawks are the ones that can investigate the Phala Phala saga,” said Kganyago.
Meanwhile, the Land Party said it was not pinning its hopes on the panel led by former Chief Justice Sandile Ngcobo. “The panel will likely report that the evidence presented was not sufficient for an impeachable offence and that they are satisfied by the president’s explanation, but the Land Party expects the panel to recommend disciplinary steps against the president for his failure to report the crime in Parliament that was committed at his place.”
Ramaphosa’s failure to report the crime at his Phala Phala farm caused suspicions and trust issues between the public and the Presidency.
The Section 89 independent panel which was appointed by Parliament comprising Ngcobo, retired High Court Judge Thokozile Masipa and advocate Mahlape Sello delivered the report on Wednesday to National Assembly Speaker Nosiviwe Mapisa-Nqakula.
Ramaphosa is, among other things, accused of being allegedly involved in money laundering, undermining the rule of law, assault and kidnapping.
The shocking revelations surfaced after former spy boss Arthur Fraser laid criminal charges against Ramaphosa and his head of security, General Wally Rhoode, at Rosebank police station on June 1.