The Presidency would not comment on the National Prosecuting Authority’s decision not to prosecute in the Phala Phala scandal, but was observing as processes unfolded.
The NPA announced last week that Director of Public Prosecutions in Limpopo, advocate Mukhali Ivy Thenga, made the decision not to prosecute anyone after a “comprehensive investigation process” was conducted by the Directorate for Priority Crime Investigation.
The case was opened against President Cyril Ramaphosa by former head of State Security Agency Arthur Fraser following the break-in on his farm where foreign currency was stolen in February 2020.
The NPA said Thenga concluded that there was no reasonable prospect of a successful prosecution based on evidence contained in the docket.
The prosecuting authority’s decision has sparked fury with some demanding the full record of the decision and calls for the NPA to explain itself in Parliament.
Speaking to the media on Wednesday, a day before Ramaphosa faced grilling in Parliament, Ramaphosa’s spokesperson Vincent Magwenya said they noted the decision by the NPA.
“We have nothing further from the President to say in that regard. We equally noted the unhappiness that has been expressed by some parties,” Magwenya said.
He also said the Presidency has observed that the National Director of Public Prosecutions’ Shamila Batohi had commented that those aggrieved parties still have at their disposal a mechanism they can pursue directly with the NPA on that decision.
“There is nothing further we can say except to observe those processes as they unfold.”
Magwenya also said there was no evidence that the allegations against Justice and Constitutional Development Minister Thembi Simelane impacted on the functioning of the justice portfolio.
His comments came as some have accused Ramaphosa of taking a long time to act against Simelane after he had asked her to furnish him with a report on the allegations levelled against her.
“In taking his time to consider the matter the President is well aware of the importance of the justice portfolio. The President is aware of the importance of that portfolio being led by the Minister who is above reproach.”
Magwenya said Ramaphosa was also well aware of the overriding responsibility to maintain stability within the justice portfolio, including its agencies.
“As things stand there is no evidence that there is revelation about the Minister’s past financial transactions that have had impact on the functioning of the department,” he said.
“There is no evidence of and political interference, at least to the President’s knowledge so the department and agencies within the department continue to operate as expected to operate and continue to work toward the fulfilment of their mandate.
“We should be comforted by the fact that it is a matter that is top of the mind of the President. It is not relegated to the bottom of the list at all. Let’s give the President the time he needs to deal with the matter.”
Meanwhile, Deputy President Paul Mashatile was to engage Wednesday night Government of National Unity (GNU) partners on the establishment of a committee that will address disputes that will threaten the coalition.
“That will be the first attempt to have a mechanism that will deal with issues of conflict within the GNU and the meeting will clarify the terms of reference of that committee,” Magwenya said.
He said everything possible was being done to sustain the GNU for the full five year term.
“We are confident that all members of the GNU are now well settled in their respective roles in government. We are equally confident that, notwithstanding the disagreements that are yet to emerge, no member of GNU is going to leave the GNU.
“We can say that confidently more so now you have a mechanism that will be engaged on issues of disputes.”
Cape Times