Cape Town - The Section 89 Independent Panel investigating the Phala Phala allegations noted in its recommendations numerous “important questions” around the sale of 20 buffalo by President Cyril Ramaphosa’s game farms.
In his submission to the panel, Ramaphosa had explained that Sudanese businessman Mustafa Mohamed Ibrahim Nazim had paid $580 000 in cash to Sylvester Ndlovu, the lodge manager, on December 25, 2019 – three months before the theft at the Limpopo farm.
The three-member panel’s report, which was submitted to Parliament on Wednesday, found the president had a case to answer. He faces impeachment after allegedly violating Section 96(2)(a) and 83(b) of the Constitution – that a president may not undertake any other paid work, and must uphold, defend and protect the Constitution.
The panel scrutinised a receipt for the $580 000, bearing a Phala Phala logo but with VAT and tax information missing, submitted by Ramaphosa as supporting evidence for the transaction.
The panel noted that the South African Reserve Bank (SARB) had no record of it.
The panel, comprising retired Chief Justice Sandile Ngcobo as chairperson, retired Judge Thokozile Masipa and advocate Mahlape Sello, stated: “On this source of the foreign currency, we only have the statement by the president, which is based on what he was told by Mr Ndlovu, who did not confirm this information.
“It is true the president's version is supported by the acknowledgement of receipt. Admittedly, on its face, the acknowledgement of receipt states that Mr Sylvester Ndlovu received a sum of US $580,000 from a Mr Hazim as payment for 20 buffaloes.
“But… there are a number of important questions relating to this transaction that remain unanswered.
“These questions relate to Mr Hazim’s visit to the farm; the acknowledgement of receipt itself; concealment of the money inside a sofa; the fact that for over two years the buffaloes are still on the farm; the fact that Mr (Hendrik) von Wielligh, the general manager, did not know about the money; and the amount that was stolen.
“It is significant that the origin and the transaction pertaining (to) the foreign currency became the subject of an investigation by the SARB. This suggests that the SARB had no records of this currency coming to South Africa.”
Furthermore, the information presented to the panel establishes, prima facie, the money that was stolen was probably more than $580 000. As one of the suspects stated, they stole about $800 000.
Following the release of the report, Ramaphosa doubled down on his denial contained in his 138-page submission, to the panel.
“I have endeavoured, throughout my tenure as president, not only to abide by my oath but to set an example of respect for the Constitution, for its institutions, for due process and the law. I categorically deny that I have violated this oath in any way, and I similarly deny that I am guilty of any of the allegations made against me,” he said.
The National Assembly is set to discuss the panel’s report on December 6.