National director of public prosecutions Shamila Batohi says the matter of prosecuting individuals involved in the 2020 Phala Phala game farm burglary — in which millions of US dollars were stolen from the farm belonging to President Cyril Ramaphosa — is not on her desk for a decision.
Batohi made the remarks on Tuesday while appearing before parliament’s ad hoc committee investigating allegations of corruption in the criminal justice system.
Her appearance led to intense questioning from committee members seeking clarity on why no charges had been brought against the president in connection with the scandal.
The NDPP clarified that there are two distinct matters related to the Phala Phala incident.
“One is the possession of US dollars. There’s no decision on the matter yet,” she said. “The matter is with the director of public prosecutions (DPP) in Limpopo. The file is with the specialised commercial crime unit (SCCU) in the head office, and they are going to get a panel to sit on this matter to consider it but there’s no decision.
“The other matter relates to theft of cash from the president’s farm which is in court.”
Batohi emphasised the formal process, saying the matter does not sit on her desk.
“I’ve never received this matter. I would have received a report from the DPP but certainly not a complaint from the Hawks relating to this matter. I’m not dealing with the review process. They would’ve been reporting in terms of high-profile matters but there’s nothing on my desk for my consideration in this matter.
“I have never considered this matter or the merits of it.”
In 2024, Limpopo director of public prosecutions Ivy Thenga took a decision not to prosecute anyone in relation to the case. The NPA said the decision followed a comprehensive investigation by the Hawks.
Ramaphosa has survived several investigations including by the public protector and the Reserve Bank into whether he acted unlawfully in the events surrounding the burglary.
Batohi’s explanation was met with criticism from committee members.
MK Party MP Vusi Shongwe questioned Batohi’s ethics and suggested she was “widely perceived as Ramaphosa’s protector” for not taking action.
EFF leader Julius Malema challenged her claim of not being aware of the decision, referencing the Limpopo DPP’s ruling.
“Even the head of Idac told us that the matter is with her because there were people who took that matter on review and the question is why is she unable to prosecute on that matter,” Malema said. “To say there’s no decision on Phala Phala is incorrect.”
Batohi reiterating that there were specific legal processes to be followed. She said the DPP takes a decision, and only then is any party entitled to ask the NDPP to review that decision.
“That review process has not kicked in but I’m trying to get clarity on whether the DPP in fact took a decision in this matter and whether there is a review process in the SCCU head office but for now to be clear the matter is not on my desk.”
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