Investigating Directorate asked to probe bribery in Phala Phala farmgate scandal

Former SSA chairperson of the staff council, Xolile Mashukuca, has requested the Investigating Directorate (ID) to probe the alleged bribery of the suspects who stole a large sum of money from President Cyril Ramaphosa in Phala Phala Farm, in Limpopo.

Former SSA chairperson of the staff council, Xolile Mashukuca, has requested the Investigating Directorate (ID) to probe the alleged bribery of the suspects who stole a large sum of money from President Cyril Ramaphosa in Phala Phala Farm, in Limpopo.

Published Aug 18, 2024

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THE Investigating Directorate (ID) has been requested to probe the alleged bribery of the suspects who stole a large sum of money from President Cyril Ramaphosa at Phala Phala Farm in Limpopo.

The State Security Agency’s (SSA’s) former chairperson of the staff council, Xolile Mashukuca, wants the ID to investigate the alleged bribery of suspects and the source of payment.

The theft of $580 000 (about R8.7 million at the time) from Phala Phala came to light when spy boss Arthur Fraser laid a criminal complaint against Ramaphosa.

The burglary on the farm took place in February 2020.

Fraser also claimed that the suspects were apprehended, tortured and sent on their way with R150 000 each to keep quiet.

It was also alleged that almost R20 million a month was taken from the SAPS secret intelligence fund to finance the undercover operations to trace the thieves and recover the stolen money.

Mashukuca also wants the directorate to investigate whether the robbery that occurred at Phala Phala and the decision to conceal its investigation was discussed by the cabinet or the Justice, Crime Prevention and Security Cluster (JCPS). He also asked the ID to probe whether JCPS joined the plot to conceal the commission of the Phala Phala robbery to protect Ramaphosa as may be reflected in the minutes in violation of the law.

He said the ID should take appropriate actions as mandated by the law to achieve a just and equitable remedy, following the investigation.

ID spokesperson Henry Mamothame on Wednesday confirmed receipt of questions on the matter, but did not respond by time of going to print.

Mashukuca said he also believes that the failure to report the crime to the police was intentional, and the use of the secret intelligence fund to cover the scandal was in violation of the law, regulations and other any applicable prescript.

His request came after the office of the Inspector General of Intelligence (IGI) refused to inform him about the findings and recommendations of its investigation on the use of secret intelligence funds.

His complaint with the IGI came after the Sunday Independent in 2022 reported that a 16-member elite special task force was deployed to Phala Phala after the theft, costing taxpayers R20 million a month from crime intelligence secret funds.

This publication also reported that these funds were from a secret fund of the crime intelligence unit of SAPS that was deployed to the incident under the false pretence that it was investigating a drug trafficking syndicate.

Mashukuca said this was seemingly done to conceal rogue investigations.

This was after it was alleged that Ramaphosa informed the head of the presidential unit about the theft without reporting it to the nearest police station.

“In circumstances, it appears the president abused his position to use the state resources to investigate a crime that had not been officially reported to the police as this investigation was allocated to detectives through the normal process of the SAPS,” said Mashukuca.

He referred the matter to IGI to investigate whether Ramaphosa:

- abused his office and violated his oath of office and constitution when he instructed General Rhoode, the head of the Presidential Protection Unit or permit the use of an intelligence secret fund for an unauthorised investigation or operation

- He allowed such funds to be used in his name to pursue investigations of unofficially reported robbery that took place a his Phala Phala Farm.

Mashukuca also extended the scope of the investigations and requested the IGI to probe whether:

-The Ministry of Police or any official therein requested, approved, consented or was complicit to the abuse of secret funds of the crime intelligence unit in violation of standing procedures or any prescripts governing the use of secret funds

- Any official of the SAPS authorised, consented or was complicit to the irregular use of these funds in violation of standard operating procedures or any other prescripts governing the use of secret funds, and

- The Minister of Police or any official in his office or other ministries participated, condoned or concealed the abuse of secret intelligence funds during the “rogue investigation” of Phala Phala robbery.

The IGI said the disclosure of information accessed in terms of the oversight mandate was subject to the provisions of Section 7(8)(b) of the Oversight Act, adding that the investigation cannot be provided to Mashukuca or any other than those authorised in of the section.

The Presidency has constantly maintained that President Ramaphosa was cooperating with the ongoing investigations, would continue to respond to questions from authorities, and would take the nation into his confidence through due legal and Parliamentary processes once the investigations are concluded.

manyane.manyane@inl.co.za