Ramaphosa gave unlawful order in Phala Phala theft report: Lawyer

Advocate Kessler Perumalsamy representing ATM Member of Parliament Vuyolwethu Zungula says the Section 89 Independent Panel looked at the incriminating evidence and President Cyril Ramaphosa’s version and found that it is unlikely that the latter evidence is correct.

Perumalsamy argues that the panel weighed the evidence and was not satisfied with the explanation of events that happened in Namibia.

The Western Cape High Court is hearing an application by President Ramaphosa to set aside the report, which found that there is a prima facie evidence that he may have committed a serious violation of his oath of office regarding theft at his Phala Phala farm.

Perumalsamy argues that there is enough evidence to prove that the president gave an unlawful order when he reported the Phala Phala matter to his head of security, Major-General Wally Rhoode.

“It is not prima facie in the sense of only looking at the incriminating evidence.

It didn’t look at one side.

It looked at all of the evidence, and it said, in totality, all things considered, there is sufficient evidence that the president gave an unlawful instruction,” argues Perumalsamy.

Zungula’s legal representative has admitted that the Section 89 Independent Panel report did not show how foreign currency was used in the Phala Phala saga.

He says despite this the report concluded that President Cyril Ramaphosa was undertaking paid work and therefore, violated a section of the Constitution.

The saga relates to the theft of 580 000 US dollars from his farm in Bela-Bela, Limpopo, in 2020.

Advocate Perumalsamy is presenting arguments in the Western Cape High Court in Ramaphosa’s application to set aside the report.

He was asked: “Where in the discussion, in relation to this charge, is there any discussion of the foreign currency issue in the stashing as forming the basis of the conclusion that the president violated the charge when it’s not there?” Perumalsamy: I accept it.

It’s not.

It’s not a picture-perfect analysis between the stashing of the pouch and the other paid work.