The break-in and theft at Phala Phala game farm have come back to haunt Cyril Ramaphosa's top bodyguard, Maj-Gen Wally Rhoode, after the public protector implicated him in improper conduct and maladministration in her report exonerating the president.
Public protector Kholeka Gcaleka has instructed national police commissioner Fannie Masemola to take action against Rhoode over his handling of the Phala Phala investigation after robbers made off with an undisclosed amount of cash, alleged by former spy boss Arthur Fraser to be more than $4m.
Rhoode, who was also recently accused by opposition parties of flouting security protocols when a chartered plane carrying ammunition and a group of journalists was grounded in Poland and caused a diplomatic stand-off, is now facing further woes.
On Friday, Gcaleka said in her report that Rhoode and Sgt Hlulani Rekhoto, a member of the presidential protection service (PPS), neglected to ensure that a case docket was opened, despite knowing of the break-in at the president's private residence at Phala Phala in Limpopo and the theft of cash.
“Accordingly, the public protector concludes that the investigation of housebreaking with the intent to steal and theft, by Rhoode and Rekhoto, was inconsistent with the SAPS Act and incidental prescripts as outlined above,” said the report.
Though Rhoode insists he was only conducting a preliminary investigation on the security breach to establish a threat to the president’s safety, on instruction of the late Gen Sindile Mfazi, the then national head of the police's detection service, his contention was not supported by the evidence at hand.
“The report compiled by Rekhoto at the instruction of Rhoode in this regard indicates that the investigation focused on the crime of housebreaking with the intent to steal and theft, rather than the threat to the president’s safety,” said Gcaleka.
The public protector found that Rhoode and Rekhoto acted improperly by investigating the crime of housebreaking with the intent to steal and theft, which took place on or about February 9 2020 at Phala Phala farm, without a registered case docket.
“Having examined all the available evidence, the conduct of Rhoode and Rekhoto constitutes improper conduct as envisaged in section 182(1)(a) of the constitution and maladministration in terms of section 6(4)(a)(i) of the Public Protector Act,” Gcaleka added.
The national police commissioner must, within 60 days from the date of receipt of the report, “ensure that appropriate action is initiated against Rhoode and Rekhoto for contraventions of the SAPS prescripts as highlighted in this report,” she said.
On the allegation that the president improperly and in violation of the provisions of the executive ethics code exposed himself to any risk of a conflict between his constitutional duties and obligations and his private interests, Gcaleka found the allegation was not substantiated.
The public protector concludes that the investigation ... was inconsistent with the SAPS Act
— Report
While the facts point towards the president being more involved in the management of the affairs of the close corporation than he appears to let on in his general submissions, Gcaleka could not find evidence indicating he is actively involved in the day-to-day operations of Ntaba Nyoni or Phala Phala farm.
According to the evidence before the public protector, the day-to-day operations of Phala Phala Wildlife are managed by Hendrik von Wielligh, as the general manager, with the assistance of about 40 employees.
“The PP could not find evidence to support the allegation that the president receives remuneration and/or undertakes paid work in relation to Phala Phala farm while being a member of cabinet,” said Gcaleka.
The African Transformation Movement (ATM), which laid the complaint about the matter with the public protector, and the DA announced their intentions to approach the court.
DA leader John Steenhuisen said the party will consult its lawyers as it believes the report contains a number of misinterpretations of relevant legislation and presents a worrying lack of evidence that the public protector's office seemingly failed to source.
He described the report as “nothing more than a whitewash of the entire sordid Phala Phala scandal”.
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