Phala Phala deadline extension a concern for some MPs as Parliament is going on recess until February 2023

The inquiry is focusing on whether Ramaphosa has a case to answer regarding the Phala Phala saga, following a robbery that took place at his farm in Limpopo in 2020. EPA/NIC BOTHMA

The inquiry is focusing on whether Ramaphosa has a case to answer regarding the Phala Phala saga, following a robbery that took place at his farm in Limpopo in 2020. EPA/NIC BOTHMA

Published Nov 17, 2022

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Johannesburg - Opposition parties have described the deadline extension of President Cyril Ramaphosa’s Phala Phala probe that was requested by Section 89 Independent Panel as a delay tactic and unacceptable.

The inquiry is focusing on whether Ramaphosa has a case to answer regarding the Phala Phala saga, following a robbery that took place at his farm in Limpopo in 2020.

In June, former SSA boss Arthur Fraser claimed that Ramaphosa concealed a crime, the affidavit claimed that $4 million had been staged in a couch on the farm. Fraser also opened a case of kidnapping and money laundering case against Ramaphosa.

The panel is assessing information that the ATM, EFF and UDM have submitted and Ramaphosa has responded to.

The assessment is done in terms of the National Assembly rule 129 and follows a draft substantive motion that ATM leader Vuyolwethu Zungula had brought, calling for the removal of Ramaphosa in terms of Section 89 of the Constitution.

On Wednesday, National Assembly Speaker Nosiviwe Mapisa-Nqakula extended the deadline on which the independent panel of experts will submit its report from November 17 to 30.

The panel was scheduled to make its submission today, the same day as Ramaphosa’s birthday.

“The National Assembly Speaker has granted the panel extension, this follows a letter by panel chair retired Chief Justice Sandile Ngcobo requesting extension due to the amount of work still to be done,” said Parliament spokesperson Moloto Mothapo.

Ngcobo is working with retired Judge Thokozile Masipa and advocate Mahlape Sello.

In a letter sent to Mapisa-Nqakula, Ngcobo said the panel believed this amount of time (requested) is realistic taking into account the importance of the inquiry, the complexity, as well as the novelty of the nature of work involved.

“We consider our work to be extremely important to the members of the National Assembly and the president. This requires us to carefully consider all the information and submissions placed before us. We are mindful of the enormous expectations from the parties and the nation. We are not making this request lightly.

“The panel is making this request mindful of the anxiety for the report. However, given the importance of the enquiry, the panel believes that it is in the public interest that an enquiry of this nature be scrupulously conducted and all the information and submissions placed before us be carefully considered,” Ngcobo said.

Zungula earlier on Wednesday warned judges on the panel that they would face consequences if they tried to protect Ramaphosa.

Political analyst Professor Sipho Seepe said he was not convinced that the panel needed more time.

“I am not convinced that they needed more time. But this does not come as a surprise. The stakes are too high. And Judge Ngcobo is very meticulous. He would like to deliver a solid recommendation,” Seepe said.

FF Plus leader Dr Pieter Groenewald said although reasons given by the panel for extension were that it’s a lot of work and that they want to do a thorough investigation may create an impression that they want to do a proper job on the matter.

“But what is not said, is the fact that if they extend to November 30, on December 1 we will have the last sitting of Parliament then there will be a recess as far as sittings are concerned and Parliament will open in February next year. That means Parliament will only be able to attend to this report by then which is unacceptable for the FF Plus,” said Groenewald.

The EFF said the extension effectively meant that the report cannot be tabled and heard in Parliament this year, as the fourth term ends on December 1.

“This is yet another delay tactic, objectively to ensure that Ramaphosa is not held accountable before his internal political party elective conference. It is a collusion to protect Ramaphosa from scrutiny and not jeopardise his desire to secure a second term as the leader of the ruling party,” said EFF national spokesperson Sinawo Thambo.

Thambo further said: “Ramaphosa and his allies are determined to avoid accountability, and the deliberate reluctance to release reports and findings by the acting public protector, the South African Reserve Bank, the National Prosecuting Authority and now the independent panel, is part and parcel of the nefarious strategy of delaying justice”.

The party vowed to work tirelessly to ensure that the Phala Phala report is tabled before Parliament this year and will exhaust all avenues which may include the convening of an urgent sitting of Parliament to be appraised on whether the president broke his oath of office.

UDM leader Bantu Holomisa said he believed the panel had a lot to attend to hence the extension; he also dismissed claims of delay tactics, saying he did not think Ngcobo would stoop that low.

“We have no objection with the extension. What I would like to see immediately after handing in the report, it must be made available to the public,” Holomisa said.

Umkhonto weSizwe Military Veterans Association (MKMVA​) spokesperson, Carl Niehaus, described the extension as being played.

“The intention is for the ANC 55th National Conference to eventually overtake events or announcements. We are being played,” Niehaus said.

Ramaphosa is heading to the conference taking place next month in Nasrec, south of Joburg with a hope to be re-elected as ANC president.

This is despite increasing calls from a number of NEC and party members including Niehaus calling on him to step down.

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