Legal actions looming against Senzo Mchunu's classification of Phala Phala report

Police Minister Senzo Mchunu’s decision to classify the latest report on the Phala Phala scandal involving President Cyril Ramaphosa’s police bodyguards might end up in a legal wrangle. 

The African Transformation Movement (ATM), Umkhonto weSizwe Party (MKP) and the 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 police conduct on using state resources to track down suspects who broke into Ramaphosa’s Phala Phala game farm in 2020. 

IPID investigated the conduct of police officers for allegedly failing to report an alleged criminal activity. 

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

Several suspects were charged with housebreaking and theft.

IPID spokesperson, Lizzy Suping, said after the conclusion of the investigation, the Police Department classified the report to protect the information and integrity of the report and witnesses. 

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

She said the law allowed 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 it is declassified,” said Suping. 

It was reported that Mchunu had, in a written response to a parliamentary question from ATM president Vuyo Zungula, revealed that the report had been declared "top secret", which will not be revealed to the public.   

When approached to explain why the report was classified, Mchunu’s spokesperson, Kamogelo Mogotsi, could only say the report was classified in terms of the Minimum Information Security Standard.

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

“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 said classifying Ramaphosa’s “waywardness” had become common. 

“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 CR17 campaign) sealed and now this seal.

“Everything around President Cyril Ramaphosa’s wayward must be sealed,” he said. 

Ntshona called on Mchunu to declassify the report so that the public would know 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 farmhouse and the theft of money without a case opened.

It was alleged that a woman who was employed to clean the house conspired with Namibian nationals to steal the money after she found it stashed. 

“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 going 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 get 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. 

“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 establishing a Section 89 inquiry was 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,” said Thambo.

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.

“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,” said Ndhlela.

United Democratic Movement leader Bantu Holomisa, who is the Defence Deputy Minister in the Government of National Unity, said Mchunu’s action was likely to taint Ramaphosa’s reputation even further. 

“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, which 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 said what could be seen as Mchunu protecting Ramaphosa contradicted Ramaphosa.

“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, which was claimed was to buy buffalos that 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 state 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,” he added.

Sexwale stated that without proper explanation, this matter remained “a fairy tale”. 

“It is a cock and bull story, it is a childish story,” he said. 

The DA referred this reporter to its MP Ian Cameron, who is the chairperson of the portfolio committee on police, but he had not responded to the request for comment at the time of publication. 

bongani.hans@inl.co.za