The Economic Freedom Fighters (EFF) said on Friday that while it was dismayed by the National Prosecuting Authority’s (NPA’s) decision not to pursue prosecutions in the Phala Phala matter, it was not surprised by the decision, claiming that the NPA was shielding President Cyril Ramaphosa from accountability.

The NPA said, based on the evidence in the case, it believed there was no reasonable prospect of a successful prosecution.

Former spy boss Arthur Fraser in June 2022 laid criminal charges against Ramaphosa over the 2020 break-in, on the Phala Phala Farm, in Bela Bela, in Limpopo, which was alleged to have involved significant amounts of foreign currency.

Fraser asked the South African Police Service to investigate Ramaphosa’s conduct, as well as that of Major General Wally Rhoode, alleging money laundering and corruption.

Director of Public Prosecutions in Limpopo, advocate Mukhali Ivy Thenga said possible contraventions of the Income Tax Act and Exchange Control Regulation were investigated.

Her decision to not prosecute anybody was made in line with the NPA’s Prosecution Policy, which states that a prosecutor, in deciding whether to institute criminal proceedings against an accused person, must assess whether there was sufficient and admissible evidence to provide a reasonable prospect of a successful prosecution.

“The refusal by the NPA to prosecute these crimes is a continuation of a pattern by key State institutions to shield Ramaphosa from accounting for his many crimes. It is akin to how State resources were used to shield and protect former President Jacob Zuma from accounting at the height of his power as President. This is the core of State capture, the use of resources of the State for the advancement of the interests of individuals, to the extent that the basic tenets of the law are violated, time and again, to protect the politically powered,” the EFF argued.

The party said it was concerned about the NPA under the leadership of “the hapless” Shamila Batohi, accusing the authority of protecting Ramaphosa and those associated with him.

It also referred to the Public Protector as a “President Protector” and said Ramaphosa succeeded where Zuma had failed.

“The only report that called on Ramaphosa to account for his crime was the Independent Panel Report which was submitted to Parliament as part of the impeachment proceedings against Ramaphosa,” the party said.

It believes the panel’s report makes a strong prima facie case against Ramaphosa, for allegedly being involved in the commissioning of the so-called crimes.

“The EFF will not rest until Ramaphosa is held to account for Phala Phala, and the matter is set to be heard at the Constitutional Court at the end of the October 2024. Like Zuma, he will have no protection when he is removed from office. In fact, the same institutions that are protecting him from accounting, will be at the forefront to ensure that he is imprisoned when he exits office, as we have seen with Zuma,” the party said.