The Modimolle Regional Court has convicted two of the three accused in the February 2020 theft of $580,000 from President Cyril Ramaphosa's Phala Phala farm in Limpopo, and acquitted the third on one count. Sentencing has been postponed to 13 November.

Magistrate Peter Manthata delivered the verdict on Monday, 2 November. He found that the State had proved its case beyond reasonable doubt against Imanuwela David and Froliana Joseph on housebreaking with intent to steal and theft. Ndilinasho Joseph, Froliana Joseph's brother, was acquitted on that count.

This follows our earlier report on the trial, in which the magistrate began reading out how the stolen dollars were spent.

No direct evidence, but an inference of guilt

The court heard no direct evidence placing the accused at the farm. Manthata said: "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 also noted that no fingerprints or camera footage of the culprits were produced.

The conviction rests on circumstantial evidence. Manthata said he drew an inference "that the dollars that accused one possessed and spent in purchasing the cars were stolen from Phala Phala farm", and "that accused one was one of the culprits that broke and entered the house at Phala Phala farm and stole the dollars."

The defence was rejected

The court heard that millions of rand were deposited into David's bank account during the Covid-19 period. David said he ran an import and export business. The magistrate rejected that explanation, saying he disagreed with the accused on the issue and that the import and export of goods had also been affected by the pandemic.

Manthata also criticised the quality of the investigation. "The evidence was poorly done," he said, adding that the case concerned "the house of the country's first citizen, the president" and not an ordinary home.

What we do not yet know

  • Whether David and Froliana Joseph will apply for bail pending sentencing, or whether they intend to appeal.
  • What sentence the State will ask for. No statement from the National Prosecuting Authority had been reported at the time of writing.
  • Whether the Presidency will comment on the verdict. No response had been reported.

The accused are entitled to appeal. Sentencing is due on 13 November.