ATM to challenge Phala Phala report in court
The African Transformation Movement has filed an application in the High Court in Pretoria to challenge the Public Protector's report into the Phala Phala scandal.
Acting Public Protector Kholeka Gcaleka exonerated President Cyril Ramaphosa from any wrongdoing following a theft of foreign currency at his farm in Bela Bela in February 2020.
In her report, Gcaleka said there were no conflict of interest in Ramaphosa's involvement in the business operations of the Phala-Phala farm, saying he was not earning a salary from the holding company Ntaba Nyoni CC.
She also cited the president's physical absence from the farm as a reason for her finding.
The ATM, which initially filed a complaint at the same office, says Gcaleka's conclusion that the president did not undertake "any other paid work" is flawed, irrational and unlawful.
National spokesperson Zama Ntshona says Gcaleka ignored the clear evidence before her that Ramaphosa is directly involved in the operations of Phala-Phala.
"The Acting Public Protector's refusal to investigate potential tax violations or exchange control violations by the president was unlawful. The Acting Public Protector possesses the authority to conduct such investigations and lacks the discretion to decline an investigation when empowered to do so.
"This omission in her report raises serious concerns about the impartiality and thoroughness of her inquiry."
Ntshona says they are also unhappy that Gcaleka chose to abandon her investigation into the tax and exchange control violations midway through her investigation.
"She did not give the ATM an opportunity to comment on her decision to do so, and her failure to carry out a full investigation raises serious concerns about her independence.
"It was irrational for the Acting Public Protector to reach a conclusion exonerating the President without obtaining the tax records of Ntaba Nyoni, as these records are relevant and essential in determining the complaint against him."
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