Omusati-linked suspects could spell end for Ramaphosa

Namibian nationals from the Omusati region, suspected of stealing US$580 000 from South African President Cyril Ramaphosa’s Phala Phala farm in 2020, could potentially cost him his presidency following a Constitutional Court ruling handed down on Friday.

The Phala Phala scandal centres on the theft of foreign currency reportedly hidden at the farm, allegedly involving several Namibians, some of whom have since acquired South African citizenship.

Questions have also focused on the origin of the money, which Ramaphosa has said came from the sale of buffalo at his Limpopo farm.

Former spy chief Arthur Fraser, however, has alleged a cover-up involving millions of dollars at the property.

An independent Section 89 panel, chaired by former South African chief justice Sandile Ngcobo, found that Ramaphosa may have violated his oath of office and potentially breached the Prevention and Combating of Corrupt Activities Act.

The South African parliament moved to impeach Ramaphosa in December 2022 following the panel’s recommendation.

However, the impeachment motion failed, with parliament voting 214 to 149 against adopting the panel’s report.

The Economic Freedom Fighters (EFF) subsequently approached the Constitutional Court, challenging the National Assembly and the Speaker, among others.

On Friday, the Constitutional Court ordered that the Section 89 panel’s report be referred directly to parliament’s impeachment committee to allow the process to proceed.

Chief Justice Mandisa Maya said the court found that Rule 129(i) of the National Assembly rules "effectively blocked an impeachment process without meaningful engagement on a motion during a parliamentary vote", thereby undermining the constitutional values of accountability and transparency.

Although the judgment does not automatically remove Ramaphosa from office, it reopens the constitutional impeachment process and returns the matter to parliament.

EFF chief whip Nontando Nolutshungu has written to parliamentary Speaker Thoko Didiza following the ruling, demanding that she initiate the process to establish the impeachment committee to give effect to the court’s judgment.

Olukekete village

Some of the Phala Phala money allegedly found its way to Olukekete village, about 15 kilometres outside Outapi in the Omusati region, where the grandmother of one of the alleged masterminds, Imanuwela David, lives.

All the suspects reportedly hail from Namibia’s Omusati region, placing the northern region at the centre of a case with major political implications for President Cyril Ramaphosa.

David was arrested in Namibia in June 2020 during the Covid-19 period for breaching immigration laws after crossing into the country through an undesignated entry point. He was fined and later deported to South Africa.

David and two others, Froliana Joseph and Ndilinasho David Joseph, are appearing before the Modimolle Regional Court in Limpopo, where they face charges linked to the burglary at Phala Phala farm.

Other suspects include Urbanus Shaumbwako, who received a 20-year prison sentence in March 2024 after South African authorities arrested him in Cape Town in October 2020 when he was found with 12 illegal firearms with removed serial numbers in his possession.

Erkki Shikongo was drawn into the investigation over allegations that stolen money may have been used to acquire assets in both Namibia and South Africa. Authorities examined property purchases in Cape Town as well as other acquisitions, including a guest house and a Toyota Land Cruiser in Namibia.

He has denied any involvement in the robbery, maintaining that his income came from gold trading.

Another Namibian, Petrus Muhekeni, was identified as a person of interest during the investigation.

Muhekeni later denied knowing anything about the incident.

Petrus Afrikaner was also mentioned in an affidavit submitted by Fraser in 2022.

Predicament

Prosecutor General Martha Imalwa confirmed that South Africa submitted an extradition request last year, but said Namibia can only deal with it once her office has decided on the Namibian case, which is still outstanding pending a response from South Africa.

She said when David was arrested, he was not charged with theft in relation to the Phala Phala incident, since South Africa had not provided Namibia with the information requested.

"As a resulta result, we were unable to apply for a preservation of property order from our court, as we had no evidence linking the suspects in Namibia to the Phala Phala incident," she said.

According to her, the Financial Intelligence Centre also placed a temporary restriction on the account into which the money was deposited.

The order lapsed after the police failed to submit the information her office had requested from SA.

"The police should know who withdrew the money," Imalwa said.

Imalwa said, according to the police, the Namibian suspects who bought properties were never arrested because there was no information from SA linking them to Phala Phala.