The African Transformation Movement (ATM) has initiated legal proceedings in court to challenge the report of the Public Protector regarding the Phala Phala investigation, in which President Cyril Ramaphosa was cleared of wrongdoing.
Acting Public Protector Kholeka Gcaleka released the report a few weeks ago, but it has been met with opposition from several parties, including the EFF, DA, ATM, and others, who have vowed to subject it to judicial review.
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ATM leader Vuyo Zungula, in the papers filed at the North Gauteng High Court on Monday, raised concerns about the findings of the report and is seeking its review.
Zungula argues that Gcaleka failed to interview key witnesses, such as farm manager Simphiwe Ndlovu and domestic worker Froliana Joseph, both of whom are linked to the case.
Notably, Ndlovu, who allegedly concealed the stolen funds in furniture, was reluctant to be interviewed, but Zungula believes his testimony is crucial.
Additionally, Zungula contends that Gcaleka overlooked Joseph’s evidence, which he considers significant.The robbery at Phala Phala farm in 2020 resulted in the theft of over $582,000.
Zungula further raises doubts about Gcaleka’s failure to obtain President Ramaphosa’s tax records from the South African Revenue Service, which he deems puzzling.
According to Zungula, the acting Public Protector’s investigation seemed pre-determined to absolve President Ramaphosa of any culpability.
He alleges that Gcaleka did not approach the case with an impartial and inquisitive mindset, accepting mere denials and overlooking critical evidence.
Zungula questions why Gcaleka disregarded evidence that points to the President’s active involvement in the business operations of Phala Phala.
Ramaphosa’s role in sourcing buyers, determining purchase prices for game, and participating in business decisions concerning income generated from sales should not be discounted, argues Zungula.
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Although Gcaleka acknowledged these points in her report, she stated that Ramaphosa was not present at the farm daily and was not financially compensated for his actions.
In his application, Zungula calls for a thorough review of the report, highlighting the need to address these concerns and ensure a fair assessment of President Ramaphosa’s involvement in the business.
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