POLICE Minister Senzo Mchunu’s decision to classify the latest report on the Phala Phala scandal involving President Cyril Ramaphosa’s police bodyguards may lead to a legal dispute.

The African Transformation Movement (ATM), the Umkhonto weSizwe Party (MKP), and the Economic Freedom Fighters (EFF) are preparing to approach the Constitutional Court to overturn the classification.

Mchunu classified the report, which was released by the Independent Police Investigative Directorate (Ipid) in 2023, after it investigated the use of state resources by the police to track down suspects who broke into Ramaphosa’s Phala Phala game farm in 2020.

Ipid’s investigation focused on police officers’ alleged failure to report a criminal activity.

The alleged theft of $580,000, hidden in a sofa in the farmhouse, was kept secret until former State Security Agency head Arthur Fraser revealed it. He also laid criminal charges against the implicated police officers, including Presidential Protection Unit head Major-General Wally Rhoode, who allegedly flew to Namibia to interrogate one of the suspects involved in the theft.

Ipid spokesperson Lizzy Suping stated that, after the investigation’s conclusion, the Police Department classified the report to protect sensitive information and safeguard witnesses.

“Our role was to investigate the conduct of police officers and not a criminal matter, nor do we investigate the president,” she explained.

Suping added that the law permits the classification of “any information that is sensitive.”

“For now, the report remains classified, and Ipid will not engage on the contents of the report until such time that it is declassified.”

Opposition Parties Call for Legal Action and Transparency

Reports indicated that Mchunu, in a written response to a parliamentary question from ATM president Vuyo Zungula, confirmed that the report had been declared “top secret,” meaning it will not be made public.

When approached to explain why the report was classified, Mchunu’s spokesperson, Kamogelo Mogotsi, could only state that the report was classified under the Minimum Information Security Standard.

On Thursday, ATM spokesperson Zama Ntshona said his party would not tolerate Mchunu’s protection of Ramaphosa from public scrutiny.

“The answer, which we got from Mchunu yesterday (Wednesday), has been referred to the top seven of the ATM, which will discuss it sometime this weekend and possibly forward it to our legal department, which would advise us on how to take it forward,” added Ntshona.

He added that the classification of Ramaphosa’s actions had become routine.

“We can go the legal route so that the report must be unsealed, because we cannot have this phenomenon of having bank statements [related to the CR17 campaign] sealed - and now this seal. Everything around President Cyril Ramaphosa’s wayward [actions] must be sealed,” he said.

Ntshona called on Mchunu to declassify the report, so the public could determine whether former Police Minister Bheki Cele and police commissioner General Fannie Masemola had authorised the use of state resources to investigate the break-in at Ramaphosa’s farm and the theft of money without a case being opened.

It was alleged that a woman employed as a house cleaner conspired with Namibian nationals to steal the money after discovering it hidden in the sofa

“Did police commissioner Masemola know that there was such an undertaking without a case opened with police? Under whose authority were they investigating - using state resources, state personnel, whereby a helicopter was used to go to another country (Namibia) without a case number?

“We want to know who dared to undermine the commissioner and the minister by investigating without their knowledge,” said Ntshona.

EFF spokesperson Sinawo Thambo said parliamentary attempts to make the Ipid report public had been exhausted.

“Our last resort was the Constitutional Court, where we challenged Parliament's unjust decision to block the report,” said Thambo.

“The ATM, along with the EFF, sought relief from the Constitutional Court, stating that the decision to reject the Independent Panel Report and voting against the establishment of a Section 89 inquiry were irrational.

“We are awaiting this judgment from the highest court in the land to intervene and compel Parliament to reconsider its vote so that Ramaphosa is held accountable for his criminal actions.”

MKP spokesperson Nhlamulo Ndhlela said his party would not stop fighting for accountability.

“We will seek legal advice on this matter to ensure that those responsible are held to account. South Africa cannot be governed by secrecy, deception and political favours,” said Ndhlela.

“If Ramaphosa and his enablers think they can continue to rule through lies and cover-ups, they are gravely mistaken. The people of this country deserve better. The truth will come out.”

Political Pressure Mounts on Mchunu and Ramaphosa

United Democratic Movement leader Bantu Holomisa, who is also the Deputy Minister of Defence in the Government of National Unity, said Mchunu’s actions could further damage Ramaphosa’s reputation.

“By keeping the role of the police a secret, Minister Mchunu is reinforcing the accusation that there is a cover-up in the whole case, because there were serious allegations that were made against the police in the whole saga of Phala Phala.

“The more he keeps it a secret, the more he brings more unnecessary pressure to his boss Cyril (Ramaphosa),” he said.

Holomisa pointed out that Mchunu’s actions contradicted Ramaphosa’s earlier assurances that he would not interfere.

“Ramaphosa assured the country that he is not going to interfere, but Mchunu’s action might be construed as contradicting the president, who wanted the matter to be investigated and finalised,” said Holomisa.

A week before Mchunu revealed the classification of the report, ANC veteran Tokyo Sexwale expressed that an investigation into the Phala Phala matter should focus on Sudanese businessman Hazim Mustafa, who left the $580,000 at the farm, apparently to purchase buffaloes he never collected.

During an interview, which was posted on social media recently, the former Gauteng premier said Mustafa’s “fairy-tale” action had stained the president.

“It is this character (Mustafa) who, if this is true, put our president in this Phala Phala thing,” said Sexwale. “Let us deal with this character, because if we can prove the truth here, it is fine, but this does not sound truthful.

“I think more explanation should have come; people are not satisfied with the answers that have come … I am not.”

Sexwale called for further explanation, saying that without it, the matter remained “a fairy-tale”.

“It’s a cock-and-bull story, a childish story,” he concluded.

The DA referred media enquiries to MP Ian Cameron, chairperson of the Portfolio Committee on Police, but he had not responded to the request for comment by the time of publication.

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Legal battle looms over Senzo Mchunu's Phala Phala report classification