DA to Request Review on the Decision not to Prosecute Anyone in the Phala Phala Case
The Democratic Alliance (DA) says it will write to the National Director of Public Prosecutions, Advocate Shamila Batohi, urging her to review the decision not to prosecute anyone in relation to the Phala Phala scandal as a matter of urgency.
The decision not to prosecute 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.
DA Spokesperson on Justice and Constitutional Development Adv Glynnis Breytenbach said the Phala Phala scandal is much too important to simply disappear without thorough scrutiny and full interrogation of the reasons behind this outcome.
“We will also call for the National Prosecuting Authority (NPA) to explain this decision before the Portfolio Committee on Justice and Constitutional Development.The Phala Phala scandal is much too important to simply disappear without thorough scrutiny and full interrogation of the reasons behind this outcome,” said Breytenbach
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Breytenbach said the NPA, and in particular Advocate Batohi, has a serious constitutional obligation to ensure that justice is not only done but is seen to be done.
“The public has the right to know how the NPA can conclude that there is “no reasonable prospect of a successful prosecution” despite critical evidence, such as CCTV footage and mobile phone records, reportedly linking the accused to the burglary and potential financial irregularities.”
“The NPA, and in particular Advocate Batohi, has a serious constitutional obligation to ensure that justice is not only done but is seen to be done. A decision of this magnitude requires far more transparency, given its implications for the rule of law in South Africa. We will not rest until this decision is properly reviewed, and we urge Batohi to fulfil her constitutional duties in upholding the integrity of our legal system,” said Breytenbach
Decision in line with the Prosecution Policy of the NPA
Adv Thenga 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.
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.