NPA decides not to prosecute Phala Phala complaint against Ramaphosa

Limpopo director of public prosecutions Ivy Thenga has taken a decision not to prosecute anyone in relation to the Phala Phala case. 

The National Prosecuting Authority said on Thursday Thenga’s decision followed a comprehensive investigation by the Hawks after a complaint was laid by former intelligence head Arthur Fraser regarding the theft of at least $580,000 (R10.7m) of undeclared foreign currency from President Cyril Ramaphosa's private game farm in 2020. 

Fraser asked police to investigate the conduct of the president and that of former presidential protection head Maj-Gen Wally Rhoode, alleging that the incident amounted to money laundering and corruption.

The NPA said investigations also covered any possible contravention of the lncome Tax Act and exchange control regulations after the break-in and theft. 

 “The decision not to prosecute was taken by (Thenga) after a careful assessment of all available evidence presented to the prosecutors by the (Hawks). She concluded that there was no reasonable prospect of a successful prosecution based on evidence contained in the docket,” NPA spokesperson Mthunzi Mhaga said. 

He said Thenga made her decision in line with the prosecution policy of the NPA which stated that a prosecutor, in deciding whether to institute criminal proceedings against an accused, must assess whether there was sufficient and admissible evidence to provide a reasonable prospect of a successful prosecution.   

Mhaga said various factors must be considered when the prosecutor evaluated evidence, notably the strength of the case for the state, the availability of evidence, whether the state witnesses were likely to be credible, the admissibility and reliability of evidence, and the strength of the case for the defence. 

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