Ramaphosa says he had 'no duty' to report Phala Phala theft
President Cyril Ramaphosa believes he had no duty in terms of law to report the burglary at his Phala Phala farm in 2020.
Ramaphosa denied that he may have violated the Constitution in his court papers to the Constitutional Court challenging the validity of the report of the parliamentary that investigated his handling of the burglary.
A total of $580 000 was allegedly stolen from underneath the pillows of a sofa at Ramaphosa's farm.
Ramaphosa reiterated that the missing millions were not stashed at his instruction.
Mr Mustafa Mohamed Ibrahim Hazim, a Dubai-based businessman, allegedly came to the farm in Limpopo to view buffaloes that were for sale and decided to purchase 20 of the animals.
Mr Hazim is believed to have paid for the game in cash.
Ramaphosa said the panel relied on "conjecture" when it concluded that Ramaphosa had a hand in the concealment of the foreign currency.
Ramaphosa told the panel that he instructed Mr Ndlovu (an employee at Phala Phala) that the money (proceeds of the sale of game) be banked.
A receipt for $580 000 written out to Mr Hazim by Mr Ndlovu was summited by Ramaphosa to the inquiry.
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Ramaphosa confirmed in his court papers that he "did not know of the theft" until he was informed by Mr Ndlovu during a conversation about "money received and later stolen".
He dubbed the panel's reasoning that Mr Ndlovu was a junior employee and could not have acted alone in concealing the foreign currency as "speculative inferences".
Ramaphosa remained adamant he reported the matter to General Wally Rhoode of the Presidential Protection Unit, after he became aware of the incident in February 2020.
He argued that the panel had misunderstood section 34(4) read with 34(1) of the Companies Act which provides for the responsibilities of the person who holds the position of authority.
Ramaphosa confirmed that he is the sole member of Ntaba Nyoni but he "does not run Phala Phala".
Ramaphosa is the biggest Ankole farmer in South Africa and the 5,100-hectare Ntaba Nyoni farm located near the small town of eManzana, boasts five cattle studs including Ankole, Boran, Bonsmara, Nguni and Wagyu.
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Ntaba Nyoni is the company through which Phala Phala outside Bela Bela in Limpopo, and Ntaba Nyoni in Mpumalanga, are managed and operated.
He believes the obligation to report the burglary at his farm to the police rests in the management team "to the extent that they are responsible for the running of the operations".
"It is therefore that management team the holds the position of authority," Ramaphosa told the Constitutional Court.
"I was therefore under no duty to report the theft," was Ramaphosa response to the apex court after the panel found that he may have violated the Prevention and Combating of Corrupt Activities Act."
Ramaphosa found the panel's investigation into the source of the $580 000 to be irrelevant.
"Matters relating to Mr Hazim and Phala Phala were not raised in any of the charges."
The panel raised questions about the possible failure to declare foreign currency to the South African Reserve Bank.
Ramaphosa dubbed it "unfair" to have expected him to address the Phala Phala-issue, accusing the panel of exceeding its mandate.