By: Mervyn Dirks
I have taken an extraordinary step to write an open letter to yourself due to the unprecedented and disturbing developments that have taken place during the past few days in our country.
These developments raise serious safety and security issues that need to be properly managed and attended to.
Cde President, let me hasten to express my disappointment with a statement issued by the Presidency aimed at refuting serious allegations of a criminal nature levelled against yourself.
As if that was not bad enough, the performance of the spokesperson of The Presidency was also underwhelming as he left more doubts instead of providing cogent and persuasive responses.
As you are aware, Mr Arthur Fraser, the former DG of SSA, registered a criminal case against yourself based on allegations of money laundering, defeating the ends of justice, kidnapping and bribery that allegedly took place on the President’s Phala Phala farm in Limpopo.
The police confirmed that a case was opened at the Rosebank police station in Johannesburg.
Meanwhile, the Presidency issued a statement refuting the allegations levelled against yourself claiming that “the Presidency can confirm that a robbery took place at the President’s farm in Limpopo on or around 9 February 2020 in which proceeds from the sale of game were stolen“.
It continues to point out that “on being advised of the robbery, President Ramaphosa reported the incident to the head of the Presidential Protection Unit of the South African Police Service for investigation“.
Unfortunately, instead of clearing the air, the statement raises more questions than provide answers.
Cde President, you took an oath of office to protect and uphold the laws of the country and its constitution.
Assuming that what the statement is saying is true, cde President you are duty bound to take South Africans into your confidence by truthfully answering the following questions and not repeating what you did in Parliament when asked about your son’s involvement with BOSASA:
– Where did the sale of game take place?
– In there a record of this sale? If yes, can you provide the evidence?
– Which currency was the cash that was allegedly stolen from your farm?
– Is it standard practice that those involved in these sales carry around loads of cash in contravention of the law?
– Financial Intelligence Act prohibits the carrying or being in possession of cash in excess of R25 000 unless declared and for good cause. Why did the President keep so much cash on the farm and why did you contravene the law with such impunity?
– Since this cash is allegedly in foreign currency, did the President bother to check if the said cash was brought into our country in violation of the exchange control regulations or not?
– What about its source and didn’t it bother you that this huge cash might have been for money laundering purposes?
– Did the President report this income to SARS or paid tax on it?
– What are the details of the robbery and were they disclosed to the South African Police Service?
– Why did you report the robbery to the head of the Presidential Protection Unit and not register a case at a police station?
– If the President or someone else did open a case, at which police station and what is the progress on this serious criminal case?
– If a case was not opened at a police station, what was the President’s reasons?
– It is now over two years, what is the progress of the alleged investigation by the head of the Presidential Protection Unit?
– During November 2020, the President refuted claims that you profited from breeding game for trophy hunting. Is this money not the proceeds of that illegal operation?
Since the spin is on overdrive but has had the unintended consequence of contradicting what was initially said on your behalf, more questions have arisen.
May you kindly shed light on when was the transaction(s) and with whom?
It will also be helpful if you could indicate the actual amount(s) involved and in which currency it was.
As you are aware, PPU members provide you with protection instead of doing investigations. What made you feel “satisfied and consider the matter closed” when the matter was not reported at the police station and a dedicated investigating officer(s) was never assigned to it?
– You claim that you did not report this serious crime to the authorities so as to not cause panic. Don’t you think that your neighbours and other South Africans deserved to know about the crime as part of raising awareness and mobilise joint efforts to fight this scourge?
– In essence, don’t you think that your action/inaction undermined our efforts to fight crime?
Cde President, as a trained attorney let alone having taken oath of office, you should be aware that reporting criminality to appropriate authorities is a requirement/duty according to the Prevention and Combating of Corrupt Activities Act 12 of 2004 (PRECCA). It is not discretionary.
Likewise, it should have dawned to you that reporting to the Presidential Protection Unit officer does not replace opening a docket at SAPS.
As a member of parliament, I am enjoined by the Constitution to hold the Executive to account.
I am therefore asking these questions as part of performing my constitutional duties and also to assist the police in its investigation of this case.
Cde President, I hope that you will walk the talk by cooperating with the police and other relevant authorities through amongst others, availing as much information that is in your possession as this will enable those entities to expeditiously investigate, without fear, favour or prejudice, this case.
I also hope that the NPA will not hesitate to prosecute whoever is implicated in criminal wrongdoing.
Cde President, you will appreciate that the swift investigation of this matter will provide you with an opportunity to honestly respond to these serious allegations.
That would hopefully clear your name whilst the prosecution of those implicated will restore confidence in our law enforcement agencies, prosecution authorities and justice system.
I also appeal to South Africans, generally and the President, specifically, to provide these agencies space to investigate and prosecute, without fear, favour or prejudice.
Cde President, casting aspersions on the person reporting crime instead of dealing with the crime itself is mischievous at best and dangerous at worst.
We should therefore desist from utterances of an inflammatory, deflective or demeaning nature.
I look forward to your comradely response.
Yours in the struggle for good governance and clean administration,
Cde Mervyn Dirks