The Modimolle Regional Court has found two of the three accused in the Phala Phala farm theft case guilty of breaking into President Cyril Ramaphosa’s farm and stealing $580 000 in cash.
Magistrate Peter Manthata delivered the verdict on Monday in the case involving the February 2020 burglary at Ramaphosa’s wildlife farm in Limpopo, where the money was reportedly hidden inside a couch.
The court found accused number one, Imanuwela David, and accused number two, Froliana Joseph, guilty of housebreaking with intent to steal and theft. The third accused, Ndilinasho Joseph, Froliana’s brother, was acquitted on this count.
“Count number one, that one of conspiracy of housebreaking with intent to steal and theft, the court found that the state proved its case beyond reasonable doubt against accused number one and two. And I find the accused version not to be reasonably possibly true in substance and I reject it. I therefore find accused number one guilty of housebreaking with intent to steal and theft,” Manthata said.
The magistrate said the court had to consider the totality of the evidence and draw reasonable inferences about the accused’s involvement, despite the absence of direct evidence linking them to the break-in.
“It is clear that there is no direct evidence that implicates the three accused who had broken into … the said house at Phala Phala,” he said.
The court heard that investigators had not produced fingerprints or video footage identifying the people who broke into the property and stole the money.
“There was no evidence produced of the culprits’ fingerprints and video cameras of the culprits who broke and entered … the one in Phala Phala, having stolen the money,” Manthata said.
He criticised the quality of the investigation, saying the shortcomings were particularly concerning given the significance of the property.
“The evidence was poorly done. It is, in my view, not understandable as we are not talking about an ordinary house but the house of the country’s first citizen, the president,” he said.
However, Manthata said the circumstantial evidence, including financial transactions and David’s subsequent purchases, supported the state’s case.
“I therefore draw an inference that the dollars that accused one possessed and spent in purchasing the cars were stolen from Phala Phala farm. I further draw an inference, which is the only inference to be drawn, that accused one was one of the culprits that broke and entered the house at Phala Phala farm and stole the dollars,” he said.
David, whom the state described as the alleged mastermind, had sought to explain the substantial amounts deposited into his bank accounts by saying he operated an import and export business during the Covid-19 pandemic.
Manthata rejected this explanation, pointing to the economic disruption caused by the pandemic.
“It is common cause that there were millions of rands deposited into the accused’s banking account. He was confronted about the period he acquired the money, which was during Covid-19 when economic activities were affected, and he conceded that indeed the money was acquired during this period but said the importing and exporting of goods were not affected. I disagree with him on this issue. The importing and exporting of goods were also affected,” he said.
The case was postponed to 13 November for sentencing.