Whatever the facts may turn out to be in the case of the theft of foreign currency from Cyril Ramaphosa’s Phala Phala farm, it would be a mistake to view the matter only through a criminal law lens. I would guess that Ramaphosa has just as much (or even...
Arthur Fraser laid a criminal complaint against President Cyril Ramaphosa
When I heard about the theft, my first thought was to wonder why Ramaphosa had not bothered to lock this money away in a safe, but rather hid it in furniture. This is not the kind of thing one would expect any law-abiding South African citizen to do.
Regulation 22 states that it is a criminal offence to contravene any of the regulations, to make any incorrect statement in any declaration required in terms of the regulations, or to refuse or neglect to “furnish any information which he or she is required to furnish under these regulations”. The maximum penalty for such a breach is a fine not exceeding R250,000, or imprisonment for a period not exceeding five years.
Section 4 of Poca makes it clear that a person will be guilty of money laundering if he or she receives money while he or she knew or reasonably ought to have known that the money is or forms part of the proceeds of unlawful activities, and nevertheless dealt with the money in such a way that it “has or is likely to have the effect of concealing or disguising the nature, source, location, disposition or movement of the said property or the ownership thereof or any interest which anyone may have...
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