PP shares preliminary Phala Phala report with affected parties

The public protector’s acting spokesperson, Ndili Msoki says the disclosure of the contents of the report is prohibited by law.   

“The Public Protector of South Africa confirms that on 10 March 2023, a notice in terms of section 7 (9) of the Public Protector Act 23 of 1994 read with Rule 42 (1) and 41 (1) and of the rules relating to investigations by the public protector and matters incidental thereto, 2018, as amended, was delivered to the affected and implicated persons in the Phala Phala farm investigation,” says Msoki.  

“The notice remains prohibited for public consumption under section 7 (2) of the Public Protector Act which prohibits the disclosure, by any person, of the contents of any document or record of any evidence given before the Public Protector or deputy public protector during investigation.”  

African Transformation Movement (ATM) leader Vuyo Zungula lodged a complaint with the Public Protector over allegations Ramaphosa violated the executive ethics code linked to claims by former spy boss Arthur Fraser that the president had concealed the theft of millions worth of foreign currency from his private farm in February 2020.   

In his response to questions posed by the section 189 panel probing the allegations levelled against him, Ramaphosa acknowledged the theft but pinned the failure to report the crime on the head of the Presidential Protection Unit Wally Rhoode. 

Fraser, in his claim against Ramaphosa, said the president had attempted to cover up the crime with members of the protection unit. 

ATM has confirmed receipt of the preliminary report, adding that it is studying the contents in consultation with its legal team. 

"[The] act prohibits the ATM from sharing and in discussing the contents of the provisional report with parties considered not part of the investigation, the media included, as the act views that as an action that will tamper with the process of the investigation as this is a provisional report," said party spokesperson Zama Ntshona. 

The statement by the public protector’s office, released on Saturday morning, says the responses by the recipients of the preliminary findings would be considered before the release of the final report.  

Meanwhile, earlier this week, the South African Revenue Service confirmed it was unable to find any record of the money brought into the country by Sundanese businessman Hazim Mustafa in this matter. 

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