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Progress made looking into the Phala Phala farm matter: Acting Public Protector

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Acting Public Protector, Kholeka Gcaleka says progress has been made in the probe into the Phala Phala matter where President Cyril Ramaphosa is alleged to have failed to report the theft of a large amount of US dollars.

Advocate Gcaleka says the investigation will not be rushed.

During a television interview with the SABC, the Acting Public Protector says all institutions dealing with the Phala Phala saga have different mandates.

“For Instance, we are looking into the issues of the Executive Member’s ethics and we are also looking into the issues of the failure in terms of the conduct of the police and as in when we require information from them and the same from their side they do approach our investigators and we also approach their investigators.”

Panel investigating Phala Phala issue

Meanwhile, the parliament appointed three-member independent panel to investigate whether or not grounds exist for an impeachment process against the President started on Wednesday. The retired Chief Justice Sandile Ngcobo is heading the panel. The retired High Court judge Thokozile Masipa and Advocate Mahlape Sell are assisting Ngcobo.

The panel was established after the African Transformation Movement’s (ATM) draft motion. It has 30 days to complete its work.

Section 89

Section 89 of the Constitution states that a President may be removed from office on the grounds of a serious violation of the Constitution or the law, serious misconduct, or inability to perform the functions of the office.

The three-member panel is looking at four charges levelled against Ramaphosa to see if there are sufficient grounds that he has violated Section 89 of the Constitution.

The first charge is the allegation that the President violated the Constitution which does not allow members of the cabinet and deputy ministers to undertake any other paid work.

However, despite saying in 2014 that his business affairs would be managed by a blind trust, Ramaphosa has recently admitted that he is actively pursuing his cattle farming business.

In terms of the second charge, the President is accused of violating the law which places a duty on any person to report corrupt transactions. The ATM claims that the President failed to report the theft to the police and that reporting the matter to the head of his security detail was irregular and unlawful.

The third and fourth charges relate to serious misconduct. The party alleges that Ramaphosa’s instructions to the head of the Presidential Protection Service Major General Wally Rhoode to investigate the matter were unlawful.

Panel probing allegations against Ramaphosa starts work on Wednesday, 19 October 2022:

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