Public Protector Busisiwe Mkhwebane. File picture: Henk Kruger/African News Agency (ANA) Former Public Protector Busisiwe Mkhwebane has become the second prominent figure to request that US law authorities look into the Phala Phala farm scandal.
Image: Henk Kruger/Independent Newspapers
President Cyril Ramaphosa faces mounting pressure on multiple fronts as Parliament's newly formed 31-member Impeachment Committee begins a Section 89 inquiry into his conduct over the Phala Phala farm scandals, following a Constitutional Court ruling that cleared the way for the process.
In a dramatic turn of events, former Public Protector Busisiwe Mkhwebane has formally urged both the FBI and the Department of Justice (DOJ) in the United States to conduct a thorough investigation into the circumstances surrounding the stash of US dollars discovered at his farm.
The Busisiwe Mkhwebane Foundation reignited the call to US authorities; her request mirrors actions taken by the Democratic Alliance (DA), led by then-leader John Steenhuisen, who sought US intervention in 2022.
The Phala Phala affair began when former South African intelligence head Arthur Fraser lodged criminal charges against Ramaphosa in 2022, alleging serious crimes including money laundering, kidnapping, and defeating the ends of justice linked to a theft of over $4 million purportedly hidden on the President's property. Contrarily, Ramaphosa has countered that only $580,000 was taken, which he claims was legitimate income from game and buffalo sales.
In correspondence previously sent by the DA, the party emphasised the need for the FBI to investigate the origins of the stolen funds, questioning whether the money was brought into South Africa legally and adequately declared to the relevant authorities. The DA's concerns highlighted the improbability of withdrawing such significant sums in US dollars in South Africa, arguing that the president's assurances of legitimate sales warrant closer inspection.
Mkhwebane's request adds momentum to calls for international scrutiny, highlighting a whistleblower report alleging serious misconduct by Ramaphosa, including bulk cash smuggling and violations of cross-border currency regulations. The foundation contends that US federal agencies have jurisdiction due to the undeclared cash found at Phala Phala, which they argue may violate US currency-smuggling and anti-money-laundering laws.
Legal experts, including international law professor Andre Thomashausen, underscore that the US government retains legal ownership of currency in circulation, leading to American jurisdiction whenever these notes are implicated in illicit activities. “Hiding and hoarding of significant amounts of US dollar notes normally occurs within serious criminal environments, such as those tied to drug cartels,” he stated, further asserting that only severe cases with international ramifications typically attract prosecution in the US.
The foundation has not only requested a criminal investigation but also called on American authorities to pursue civil and criminal forfeiture of any US dollars deemed proceeds of criminal activity. Furthermore, they seek cooperation from South African agencies such as the South African Revenue Service, the South African Reserve Bank, and the National Prosecuting Authority to obtain crucial case-related documentation, arguing that the intricacies of this case extend beyond mere national governance.
Democratic Alliance (DA) Federal Leader Geordin Hill-Lewis said Parliament’s impeachment inquiry into President Cyril Ramaphosa must focus on one thing only but the truth.
Speaking on the sidelines of the DA’s voter registration rally in Eersterust on Saturday, Hill-Lewis said the newly established impeachment committee carries a responsibility far greater than any single government, political party or president.
“This is not about this government. It is much bigger than any individual person or president. It’s about the kind of future we want for our country,” he said.
Hill-Lewis argued that South Africa’s democratic future depends on leaders being held to the same standards of accountability, ethics and honesty expected of ordinary citizens.
“If we want a better future, we have to stand up for values. Accountability and ethics must be precious and important.
“If there is evidence of wrongdoing, then the person responsible must be accountable. There can be no fear or favour,” he added.
The committee is expected to elect a chairperson and finalise its terms of reference before commencing its work.
Meanwhile, Ramaphosa is pursuing legal action to halt the proceedings, challenging the Section 89 independent panel report that underpins the inquiry.
However, parliamentary officials have confirmed that no court order currently exists preventing the committee from moving ahead.
With political tensions rising, the inquiry is set to become one of the most closely watched cases.