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Zizi Kodwa cleared on Phala Phala allegations by Joint Standing Committee on Intelligence


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Zizi Kodwa cleared on Phala Phala allegations by Joint Standing Committee on Intelligence

Deputy Minister in the Presidency responsible for State Security Zizi Kodwa
Deputy Minister in the Presidency responsible for State Security Zizi Kodwa

14th September 2022

By: News24Wire

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The Joint Standing Committee on Intelligence (JSCI) found "no independently verifiable information" to support allegations that Deputy Minister in the Presidency responsible for State Security Zizi Kodwa used funds from the police's Crime Intelligence secret services account with regards to the Phala Phala saga.

The JSCI, which meets in secret, submitted its report on the investigation into allegations arising from the Phala Phala matter to the National Assembly for consideration on Tuesday.

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The saga exploded into the public consciousness when Arthur Fraser, former director-general of the State Security Agency and former correctional services commissioner, opened a kidnapping and money laundering case against President Cyril Ramaphosa for allegedly concealing a break-in at the president's Phala Phala farm in Limpopo.

Fraser also laid similar charges against Presidential Protection Unit head Major General Wally Rhoode and Crime Intelligence members.

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According to an affidavit by Fraser, Ramaphosa had at least US$4-million in cash stashed in a couch at his game farm – and then played a part in a cover-up following an allegedly illegal investigation into the theft of money.

On 5 August, amid pressure from opposition parties on Parliament to do its job, National Assembly Speaker Nosiviwe Mapisa-Nqakula requested the JSCI to investigate specific allegations arising from the Phala Phala theft.

These were:

  • That Kodwa knew about the Phala Phala robbery and opted to keep it a state secret rather than reporting it to appropriate authorities;
  • That Kodwa accompanied Rhoode during secret interactions between the South African and Namibian authorities;
  • That a secret Crime Intelligence fund was used to finance the undercover operations, which traced the thieves, with the goal of recovering the stolen money; and
  • That almost R2-million a month from this fund was spent to send an elite special task force to guard Ramaphosa's private game farm, which would be a flagrant misuse of taxpayers' money if true.

According to a statement by JSCI chairperson and African National Congress MP Jerome Maake, the "JSCI ensured that the matter was handled with the appropriate urgency, given its importance and the associated public interest".

According to Maake's statement, Kodwa denied having prior knowledge of the alleged matter and all allegations against him.

National police commissioner Fannie Masemola "stated that no funds from the South African Police Service Crime Intelligence (SAPS-CI) Secret Services Account were utilised in relation to the theft at the Phala Phala game farm".

The statement read, "The committee found that there was no independently verifiable information to support the allegations against Hon NG Kodwa and the use of funds from the Secret Services Account of SAPS-CI."

"Whilst this matter was considered in line with the relevant legal framework, however, it does not have any bearing on any other organ of state currently engaged with the same matter. The JSCI's findings should not be construed as an endorsement or exoneration of any of the affected parties in the Phala Phala game farm theft," Maake said.

The Democratic Alliance (DA) was unimpressed.

"The committee's assertion that they did not have enough evidence before them to continue with the investigation proves exactly why the establishment of an ad hoc committee into this matter was crucial and should be urgently established," said DA chief whip Siviwe Gwarube in a statement.

In June, DA leader John Steenhuisen asked Mapisa-Nqakula to establish an ad hoc committee to investigate the Phala Phala matter. She dismissed it because other agencies were still investigating the matter. Another reason was that the JSCI would investigate the matter.

According to Gwarube, that is exactly why an ad hoc committee is needed.

"We need to ensure that this scandal is covered on all levels, and all state institutions are investigated. An ad hoc committee into this matter would be able to obtain the evidence that other parliamentary bodies need to act on this case. Additionally, it would be done in an open and transparent fashion as opposed to any work done by the JSCI," she said.

"We need to take our oversight responsibility seriously and not simply find reasons why this institution cannot do its work."

The Zondo Commission took Parliament to task for not appointing an ad hoc committee to investigate state capture. Then, too, Parliament's excuse for not appointing such a committee was that other agencies were investigating.

"What is clear is that the Speaker is hellbent on repeating the 'mistakes' of her predecessors by rendering Parliament useless in the face of critical national issues like this one. No lessons have been learnt from what happened under State Capture and what was allowed to happen during the Jacob Zuma tenure in office," Gwarube said.

The Zondo Commission also found that the JSCI contributed to "some extent" to state capture in failing to carry out its oversight duties.

"The JSCI appears prima facie to have failed to ensure that adequate and timeous steps were taken to address apparently criminal conduct within the intelligence services which had been drawn to its attention," read the report.

The commission recommended that Parliament consider amending the Intelligence Services Oversight Act to ensure that before an election, the JSCI was required to report to Parliament as much as possible.

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