IN HER preliminary report on the Phala Phala farm robbery scandal, Acting Public Protector Kholeka Gcaleka appears to have exonerated President Cyril Ramaphosa.

Instead Gcaleka wants the president’s adviser, Bejani Chauke, the head of presidential protection services, General Wally Rhoode, and police officer Sergeant Hlulani Rikhotso to take the fall.

In a report Gcaleka sent to the interested parties for consideration, she reported that Rhoode and Rikhotso contravened SAPS regulations and that the national police commissioner, General Fannie Masemola, should take appropriate action against the officers with 60 days.

This is despite the fact that the SA Revenue Service (Sars) confirmed this week that it could not find any record that Sudanese businessman Hazim Mustafa, who allegedly paid $580,000 in cash to buy 20 buffalo from Ramaphosa’s Phala Phala farm, declared the cash when he landed at OR Tambo International Airport on December 23, 2019. Gcaleka does not think that there is anything fishy.

Sars was responding to DA leader John Steenhuisen, who filed a Promotion of Access to Information Act (PAIA) request to the revenue service. Steenhuisen had asked for a copy of Mustafa’s declaration form after the businessman told journalists from “Sky News” in his maiden interview that he had declared the $600,000 cash to customs.

Gcaleka recorded that the president had fulfilled his obligations by declaring his interests in his farms and had reported the farm robbery to Rhoode, who is also a police officer. She also recorded that the president had declared his interests in Phala Phala farm in a confidential register of the members’ interests in Parliament.

Gcaleka recorded that there was no evidence that Rhoode reported the matter to the SAPS. Former national police commissioner, General Khehla Sitole, whom Rhoode reported directly to, told the public protector investigators that he was not aware of such report from the head of the presidential protection unit.

Gcaleka also recorded that Rhoode and Rikhotso abused their positions and violated police conduct by launching a clandestine investigation and used state resources to trace the men who had robbed Ramaphosa’s farm.

She confirmed initial reports that Chauke travelled to Namibia with Rhoode where Ramaphosa’s adviser met with Namibian President Hein Geingob. She recorded that the trip was improper even though it was approved by Sitole, who was national police commissioner at the time.

Gcaleka, in her report, supported former state security director-general Arthur Fraser, who opened the criminal case against Ramaphosa and Rhoode at the Rosebank police station on June 1, 2022 that the robbers were traced and apprehended.

Fraser in his affidavits said the robbers were tortured and Rikhotso told the public protector investigators that the robbers were located and taken to Phala Phala farm were they were interviewed.

Fraser supplied photos of the robbers with their hands tied behind their backs while they were allegedly being interviewed by Rikhotso and Rhoode.

There is also a video of the men being allegedly tortured and tubed that the Sunday Independent has seen.

It is believed that Gcaleka in her report has not touched on exactly how much was stolen from Phala Phala and how much was recovered. Namibian authorities traced more than R7 million that the men transferred from South Africa to various beneficiaries in their home country.

Gcaleka sent her preliminary report to all interested parties and gave them 10 working days to respond. The final report might have different findings and recommendations based on the input of the interested parties.