Omusati could end Ramaphosa's presidency over farm theft
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 cost him his presidency after a constitutional court ruling handed down on Friday.
The Phala Phala scandal centres on the theft of foreign currency hidden at the farm by several Namibians, some of whom now hold South African citizenship.
The question also centred on the origin of the money, which Ramaphosa said came from a buffalo sale at the Limpopo farm.
Former spy boss Arthur Fraser, however, alleged that there had been a cover-up involving millions of dollars at Ramaphosa's farm.
An independent Section 89 panel - led 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 a recommendation from an independent Section 89 panel.
The impeachment motion failed, and parliament voted 214 to 149 against adopting the panel's report.
The EFF then approached the Constitutional Court, challenging the National Assembly and Speaker, among others.
On Friday, the Constitutional Court ordered the Section 89 panel's report to be referred directly to parliament's impeachment committee to allow the process to begin.
The court found that the National Assembly failed to properly fulfil its constitutional oversight duties.
Chief Justice Mandisa Maya, reading the judgment, 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.
"The vote, therefore, lacked a lawful foundation," Maya said.
Although the judgment does not automatically remove Ramaphosa from office, it reopens the constitutional impeachment pathway and returns the issue to parliament.
EFF chief whip Nothando Nolutshungu wrote to parliamentary speaker Thoko Didiza after the ruling, demanding that she initiate the process to constitute 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 one of the alleged masterminds, Imanuwela David's grandmother, lives.
David was arrested in Namibia in June 2020 during COVID-19 for breaching immigration laws when he crossed using an undesignated entry point. He was fined and 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.
The others are 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 denied any involvement in the robbery and maintained that his finances came from gold trading.
Another Namibian, Petrus Muhekeni, was identified as a person of interest during the investigation.
Reports at the time suggested he had been employed as a driver in South Africa at the time of the robbery. Muhekeni later denied knowing anything about the incident and said Namibian law enforcement officials had never approached him regarding it.
Petrus Afrikaner was also mentioned in an affidavit submitted in 2022 by former South African intelligence chief Arthur Fraser, who listed him among individuals allegedly connected to the robbery.
Substantive evidence
Retired Police Inspector General Sebastian Ndeitunga told Namibian Sun on Saturday that Namibia would cooperate if South Africa requests the extradition of the other suspects.
"Those are the internal affairs of South Africa - their courts are different, and so are their deliberations. If they find someone guilty, it is because there is substantive evidence. By the time David committed the crime, he was a citizen of South Africa," he said.
Ramaphosa, through his spokesperson Vincent Magwenya, said he "respects the Constitutional Court's judgment and reaffirms his commitment to the Constitution, the independence of the judiciary and the rule of law."
Magwenya added that "no person is above the law and that allegations must be subjected to due process without fear, favour, or prejudice."
