AfriForum’s private prosecution unit has requested the National Prosecuting Authority (NPA) to reconsider prosecuting ANC secretary-general Fikile Mbalula over his 2016 Dubai trip which cost R684,620, citing irrationality in the decision not to prosecute Mbalula.
The unit said after conducting a comprehensive study on the docket, it believed the NPA’s 2023 decision not to prosecute Mbalula was “either a case of selective prosecution or rank incompetence”.
“This is one of the submissions the unit has made to the National Director of Public Prosecutions advocate Shamila Batohi arguing that, despite investigative shortcomings, there is sufficient evidence to charge Mbalula, and possibly his alleged benefactors, with corruption and money laundering,” AfriForum private prosecution unit spokesperson Barry Bateman said.
Mbalula claimed that R300,000 used to settle the debt was a loan from Yusuf Dockrat, a director of Sedgars Sport, which at the time was doing business with the South African Sports Confederation and Olympic Committee (Sascoc).
However, the unit argued the “loan” might have been a form of corruption, saying police failed to properly investigate the source of the money.
“The docket contains evidence that Tsholofelo Lejaka, the head of Boxing South Africa, hand-delivered R150,000 cash to the travel agency to settle Mbalula’s debt, while Lejaka’s office secretary made two R75,000 cash deposits into the agency’s account on his instruction.
“The origin of the R300,000 cash was not investigated, but the evidence indicates that it did not emanate from Mbalula. The remaining debt was paid with a cash deposit at the OR Tambo International Airport FNB branch. The source of these funds was also not investigated.”
Head of the unit Gerrie Nel said the submission made to the NPA is comprehensive.
“Our representation is based on the NPA’s lack of understanding of the elements of corruption, which leads to the conclusion that the decision-maker was dealing with either selective prosecution or outright incompetence by the NPA and/or the SAPS to investigate the alleged crime,” Nel said.
“The aspects of the investigation that have not been investigated are stark, and any dedicated and competent investigator or prosecutor cannot overlook their significance.”
Mbalula described the lobby group’s call as a political campaign disguised as legal activism.
“AfriForum is reminded that the abuse of the law for propaganda purposes undermines the integrity of our democratic institutions,” Mbalula said.
He reiterated that there were no unlawful actions on his part, saying the matter had been put to bed.
“The NPA made its decision after due consideration. The parliamentary ethics committee dealt with the same issue and reached its conclusion. The South African Police Service conducted an inquiry and closed the docket. Even the public protector found no conflict of interest — only a perceived appearance of one — and merely recommended that the NPA examine a limited aspect, which was duly done.
“It is therefore disingenuous for AfriForum to now embark on a sensational trial through media leaks and briefings. They are deliberately abusive with a vindictive agenda. No person should be prosecuted through media leaks and narrow special interest groups.”
Mbalula added that he has instructed his attorneys to ensure his rights are protected.
TimesLIVE
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.