NPA declines to prosecute in Phala Phala case

Image source: Sergii Gnatiuk – 123RF.com

The decision was taken by Limpopo Director of Public Prosecutions (DPP), Advocate Mukhali Ivy Thenga.

“This decision follows a comprehensive investigation process that was conducted by the Directorate for Priority Crimes Investigation [DPCI] following a complaint laid by Mr Arthur Fraser with the South African Police Service [SAPS].

“The criminal complaint was registered against the President of the Republic of South Africa, Mr Matamela Cyril Ramaphosa,” the NPA said in a statement.

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According to the statement, the decision not to prosecute was taken by Thenga after a “careful assessment of all available evidence presented to the prosecutors by the DPCI”.

“She concluded that there is no reasonable prospect of a successful prosecution based on evidence contained in the docket.

“The DPP 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 is sufficient and admissible evidence to provide a reasonable prospect of a successful prosecution.

“Various factors must be considered when the prosecutor evaluates evidence, notably (i) the strength of the case for the State, (ii) the availability of evidence, (iii) whether the State witnesses are likely to be credible, (iv) the admissibility of evidence, (v) the reliability of evidence, and (vi) the strength of the case for the defence,” the NPA said.

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The prosecutorial body explained that a criminal complaint requested an investigation into the “conduct of the President and that of Major General Wally Roode, alleging that it amounted to the commission of money laundering and corruption”.

“The investigations also covered any possible contravention of the lncome Tax Act 58 of 1962 and Exchange Control Regulation 1962. This was subsequent to the break-in and theft of an undisclosed amount of US dollars at Phala Phala Farm, Bela Bela, Limpopo,” the NPA said.