NPA won’t prosecute in Phala Phala case
The Director of Public Prosecutions in Limpopo, advocate Mukhali Ivy Thenga has said that there is no reasonable prospect of a successful prosecution in the Phala Phala case, based on evidence contained in the docket, and so the National Prosecuting Authority (NPA) will not seek to prosecute anybody in the case.
She said this came after a careful assessment of all the evidence presented to the prosecutors by the Directorate for Priority Crimes Investigation (DPCI).
Former spy boss Arthur Fraser in June 2022 laid criminal charges against President Cyril 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.
Thenga pointed out that the investigations also covered any possible contravention of the Income Tax Act and Exchange Control Regulation.
Thenga said she made her decision in line with the Prosecution Policy of the NPA 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.
“Various factors must be considered when the prosecutor evaluates evidence, notably, the strength of the case for the State, the availability of evidence, whether the State witnesses are likely to be credible, the admissibility of evidence, the reliability of evidence, and the strength of the case for the defence,” she explained.
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