Cape Town - Under-fire President Cyril Ramaphosa’s failure to answer the public protector’s 31 questions relating to the theft of millions of US dollars concealed on his Phala Phala farm could be the turning of the tide, according to political analysts.
“This is a clear demonstration that no one is above the law. The president is expected to lead by example in ensuring that there is co-operation with the public protector. This could also mean that for the first time, we will see a sitting president refusing to co-operate with the public protector’s office or challenge the validity of the summons.
“The situation is a boost for those who are opposed to Ramaphosa as they are going to argue that he is not fit to hold office,” said Stellenbosch University School of Public Leadership's Dr Zwelinzima Ndevu.
The Office of the Public Protector, led by Acting Public Protector Kholeka Gcaleka, confirmed that it would invoke its subpoena powers to get the information it had been requesting from Ramaphosa since early last month.
“We confirm that the President had until July 18, 2022 to respond to the allegations letter of June 07, 2022 after his previous request to have the initial return date of June 22, 2022 extended.
A request for a further extension has instead been filed. The request for a further extension has been denied and was communicated to the President on July 18, 2022.
“The PPSA would like to reassure the public that the matter remains ongoing and that other investigative tools and methods are being employed to establish the veracity of the allegations that gave rise to the investigation.
“No further public comments pertaining the matter will be made in an effort to protect the integrity of the investigation. This is because investigating such matters in the glare of the public carries with it the risk of jeopardising investigations.”
Before Ramaphosa suspended her, Public Protector Busisiwe Mkhwebane had posed questions to him regarding the theft that Ramaphosa had conceded was not reported to the police, and only to his head of security.
Asked for comment on Tuesday Ramaphosa’s spokesperson Vincent Magwenya said: “The President is in communication with the office of the PP legal team.”
Ramaphosa has been under pressure to step aside during the duration of the investigation after former State Security Agency boss Arthur Fraser lodged a criminal complaint against him for allegedly concealing the foreign currency.
Fraser charged that Ramaphosa should have informed the police of the break-in.
Also damning for Ramaphosa are the allegations that the theft suspects were traced, kidnapped, torched and bribed to buy their silence.
Ramaphosa has repeatedly refused to comment on the matter, but did tell an ANC gathering that the money was far less than the $4m claimed by Fraser, and that it was from the sale of animals.
The EFF has welcomed the decision to subpoena Ramaphosa, saying: “It is now an undeniable fact that Ramaphosa is in open defiance of South Africa’s Constitution. We maintain that Ramaphosa has no legal basis to not be transparent about what happened with regards to the millions of US Dollars that were stolen at his farm.”
A parliamentary inquiry and impeachment proceedings would be its next moves, the party added.
Political analyst and deputy vice chancellor: institutional support at the University of Zululand, Professor Sipho Seepe, said the president was on “thin ice” and aware of it.
“There is no doubt that he has violated his oath of office by allowing his personal and business interests to clash with his official duties. There is enough evidence to suggest that he is probably guilty of defeating the ends of justice. This is in addition to possible criminal charges that are likely to be proffered against him.
The charges against him are very serious. They include being an accessory to kidnap and torture.
Other charges relate to being guilty of SARS and the Reserve Bank Act. He has since resorted to hiding behind due process. He is simply applying delay tactics with a view of ensuring that he gets re-elected in the December ANC elective conference.”
He said the Office of the Public Protector was avoiding being taken to court by opposition parties.
“The President knows fully well that this matter took place two years ago. He should have been ready with answers. His inability to answer even simple questions arise from the fact that he has been caught with his pants down. The only option available for the President is to approach the courts. Whatever the court says, if it does not force him to answer, it might be read as proof that some in the judiciary are simply paid factionalists in robes masquerading as judges.”
Cape Times