Kodwa cleared of wrongdoing over Phala Phala scandal

Deputy State Security Minister Zizi Kodwa

Deputy State Security Minister Zizi Kodwa

Published Sep 14, 2022

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Cape Town - Deputy State Security Minister Zizi Kodwa said he “expected the outcome” by the Joint Standing Committee on Intelligence (JSCI) which has cleared him of wrongdoing related to the Phala Phala scandal.

Kodwa was accused of being aware of the crime, which was not reported to police, and participating in “secret” cross-border investigations allegedly costing millions to finance.

On August 5, Speaker of the National Assembly, Nosiviwe Mapisa-Nqakula requested the JSCI to investigate these allegations.

President Cyril Ramaphosa has been accused of trying to conceal the break-in at his farm in Limpopo two years ago, where millions of dollars were stolen.

The five suspects, mostly Namibian nationals, were allegedly traced using a bogus drug case and located in Milnerton, before they were kidnapped, tortured and apparently bribed for their silence, according to former State Security Agency boss Arthur Fraser’s affidavit.

Fraser filed a criminal complaint against Ramaphosa, also alleging money laundering.

He claimed the cash found on Ramaphosa’s farm was never declared to the country’s financial regulators.

Ramaphosa claimed the amount was much less, and that it was from the sale of animals.

The JSCI said in its report the allegations it had been tasked to investigate included that Kodwa knew about the Phala Phala robbery and opted to keep the matter a state secret, rather than reporting it to the appropriate authorities.

The JSCI further probed allegations that Kodwa accompanied Major-General Wally Rhoode, the head of the Presidential Protection Unit, during secret interactions between the South African and Namibian authorities; and reports that emerged that a secret Crime Intelligence Fund was used to finance the undercover operations which traced the thieves, with the goal of recovering the stolen money.

It was also alleged that almost R2 million a month from this fund was spent on an elite special task force to guard Ramaphosa’s private game farm.

To get to the truth, the committee said it opted to write to the affected parties to offer them a right of reply to the allegations, “informed by the rules of natural justice as delineated in Section 33 of the Constitution, the Promotion of Administrative Justice Act (PAJA) and the legal principle of audi alterem partem (listen to the other side)”. The JSCI ultimately concluded: “The committee found that there was no independently verifiable information to support the allegations against Hon NG Kodwa and the use of funds from the Secret Services Account of SAPS-CI. The consideration of this matter by the JSCI for the purposes of reporting to the National Assembly as requested by the Speaker was conducted in terms of the oversight mandate of the committee as set out in the Constitution and the act.

“While this matter was considered in line with the relevant legal framework, it however does not have any bearing on any other organ of state currently engaged with the same matter. The JSCI’s findings should not be construed as an endorsement or exoneration of any of the affected parties in the Phala Phala game farm theft.”

State Security Agency spokesperson Mava Scott said Kodwa expected the outcome.

“The deputy minister says he expected the outcome of the JSCI which has now cleared him of the allegations and complaints by the DA.”

Kodwa added: “It was a fishing expedition from inception.” The investigation was brought at the request of DA leader John Steenhuisen.

In response to the outcome, DA chief whip, Siviwe Gwarube said: “The committee’s assertion that they did not have enough evidence before them to continue with the investigation proves exactly why the establishment of an ad hoc committee into this matter was crucial and should be urgently established. We need to ensure that this scandal is covered on all levels and all state institutions are investigated. An ad hoc committee into this matter would be able to obtain the evidence that any other parliamentary bodies need to act on this case. Additionally, it would be done in an open and transparent fashion as opposed to any work done by the JSCI.”

Mapisa-Nqakula’s office did not respond to requests for comment by deadline on Tuesday.

Cape Times