Selective prosecution at work in Speaker case - MK Party

Why are the Hawks gunning for Nosiviwe Mapisa-Nqakula, while Ramaphosa remains Royal Game?


22 March 2024

The uMkhonto we Sizwe Party has noted with grave concern the recent developments involving the National Assembly Speaker, Nosiviwe Mapisa-Nqakula, who has had to take special leave in the wake of serious allegations against her of corruption and a raid conducted by the National Prosecuting Authority’s (NPA) , and the Investigating Directorate at her residence for her imminent arrest.

Our primary concern is over the apparent selective enforcement of the judicial system, and therefore particularly when compared to other significant cases with broader implications for our country’s governance and moral compass. A classic example of this discrepancy is the Phala Phala farm gate incident where unexplained monies of over $4 million were allegedly stuffed into sofas and mattresses therefore leading to the conclusive violation by the South President’s of the 2004 Prevention and Combating of Corrupt Activities Act (PRECCA).

Section 34(1) of PRECCA imposes a reporting obligation, in terms of which “persons in a position of authority”, as defined in section 34(3) of the Act are required to report any of the corruption offences such as theft, fraud, extortion, bribery involving an amount of R100,000 or more”. Instead of reporting “crimes” in his farm, Ramaphosa opted to use clandestine methods including kidnapping, assault, and bribery to retrieve this dollars.

This violation of PRECCA by Ramaphosa, which is “South Africa’s main anti-bribery and anti- corruption legislation, was also affirmed by the Section 89 Independent Panel on Phala Phala led by Retired Chief Justice Sandile Ngcobo which found that Ramaphosa had a prima facie case to answer, yet law enforcement agencies chose to turn a blind eye on the crimes committed by their principal.

Despite clear prima facie evidence of violations spanning several criminal and legal domains such as— money laundering, racketeering, tax evasion, customs, currency, and exchange laws, kidnapping of vulnerable members of our society, including women and other grave offences.

The question begs the following, why would a sitting President have gone to such criminal lengths to retrieve dollars that he acquired legally?

It is morally and legally untenable and abhorrent that Ramaphosa has not been subjected to the same process as Nosiviwe Mapisa-Nqakula in light of the gravity of the Phala phala scandal, and the multiple and varied breaches of the law contained therein.

It is not without validity, therefore, that many South Africans bemoan the apparent reality of the weaponisation of law enforcement and judicial processes, and their respective agencies.

It is also not a coincidence that crucial state organs such as the SAPS, Hawks and the National Prosecuting Authority whose heads Ramaphosa appointed have repeatedly come under fire for being seen to be misused, abused and weaponised as a tool of shaming, silencing and destroying those perceived as political adversaries of the sitting head of state, inside and outside the ruling party.

The timing of unleashing of law enforcement agencies against the Speaker of Parliament is suspect as is the constant call for the firing of deputy President Paul Mashatile and others who are perceived as a threat to the Democratic Alliance and mouthpieces of the interests of White Monopoly Capital and broader colonial establishments in South Africa.

We urge South Africans in general and even members of the governing party to express their abhorrence of this dangerous weaponisation of the law by Ramaphosa that threaten our hard fought but limited democratic gains.

In light of these concerns, MK Party urges South Africans not to be side tracked by the current focus on the Speaker’s leave. Instead, we must continue advocating for accountable action on both the Phala Phala and Takatso cases, key among others, reaffirming the principle that all individuals, regardless of their position or political alignment, are equal before the law.

We, therefore, call for unwavering commitment to these ideals by our law enforcement agencies, ensuring that justice is not only done but is seen to be done across all sectors of society, without fear, favour, or prejudice.

Everything for the Revolution and nothing against it!

Statement issued by Cde Nhlamulo Ndhlela, Communications and Media, MK Party, 22 March 2024