"Phala Phala", the scandal that sparks outrage in South Africa

 

The announcement by the South African National Prosecuting Authority that it will not prosecute President Cyril Ramaphosa or any other suspect in the controversial "Phala Phala" affair has sparked outrage and disgust and continues to generate a wave of discontent in South Africa.

As the Rainbow Nation grapples with the fallout from this controversy, it is important to emphasise that at the heart of this scandal lies a significant question about the exercise of power and the ethical responsibilities that flow from it.

Some see the National Prosecuting Authority's decision to acquit Ramaphosa as a vindication of the findings of the Independent Parliamentary Commission, which highlighted "the alleged breach by the Head of State and leader of the ruling African National Congress of the constitutional oath he took at his inauguration".

The parliamentary committee stressed that "he had a deliberate intention not to openly investigate the crimes committed in Phala Phala (...) in order to maintain the confidentiality of the investigation", while noting the need for a rigorous examination of the mechanisms put in place to achieve a balance of power and respect for the judiciary in South Africa.

The investigation is linked to a criminal complaint filed last year by former intelligence chief Arthur Fraser, who accused the president of failing to report a robbery at his private farm in Limpopo, in contravention of the Organised Crime Act. According to reports, around $4 million in currency was stolen from a sofa in February 2020.

The scandal has thus become a symbol of the complex interplay between ethical considerations and the entrenched power dynamics within South Africa's governance structures.

The stakes are clearly high because, according to a decision by the African National Congress, which has been in power for 30 years, Ramaphosa will be forced to resign if the National Prosecuting Authority indicts him. This will inevitably lead to the collapse of the government of national unity formed after the last elections on 29 May. As for those whose appointments are political, it will limit their careers and be like "biting the hand that feeds you".

** Ramaphosa's acquittal: an insult to the report of the parliamentary committee **.

Many observers and political analysts see the consequences of the DA's decision as far-reaching, leading to a loss of public confidence in institutions, reinforcing a culture of impunity and normalising unethical practices.

This is the view of analyst Sipho Sebi, who notes that giving Ramaphosa a "blank cheque" is "an insult to the independent parliamentary committee that was tasked with producing a report that concluded that the president had indeed violated the constitution".

The same analyst believes that the Public Protector has undermined a report prepared by experienced experts who know the law well, adding that "the judges who were members of the parliamentary committee are much more important than any other employee who is yet to be promoted," and stressing that "there is a problem when the president appoints people within the NCA who don't dare to hold him accountable for any wrongdoing.

The spokesperson for the African Transformation Movement party, Zama Ntshona, echoed the same sentiments, describing the NCA's decision as "very strange and unreasonable", noting that "the president himself admitted that he had foreign currency that he did not declare and that he kept for longer than he should have".

** The integrity of the system of government is at stake.

Analysts say that the failure to report the theft quickly and the alleged attempts to cover it up violated the ethical principles of independence and fairness.

The lack of transparency in this case has also undermined the right of South Africans to access information, while the apparent favouritism has undermined the principle of fairness and raised concerns about the integrity of the country's system of governance.

All eyes are now on the Constitutional Court, which has agreed to hear the Economic Freedom Fighters' (EFF) application to impeach President Cyril Ramaphosa over the Phala-Phala scandal.

The question many citizens, observers and opposition parties are now asking is whether the self-appointed guardians of constitutional democracy will rise to the challenge.