AfriForum is leading the charge for the National Prosecuting Authority to prosecute ANC secretary-general Fikile Mbalula for fraud, corruption and money laundering related to his December 2016 family trip to Dubai.
The NPA had previously declined to prosecute Mbalula, saying it had found no evidence supporting allegations of criminal activity and that there were no prospects of a successful prosecution.
AfriForum insists that Mbalula should have been investigated for corruption because he received benefits from a service provider to a department of which he was a political head.
The entity accuses Mbalula of undue benefit and seeks his prosecution for his R684,000 Dubai trip he took in 2016 when he was sports minister, which was funded by a government service provider.
Describing it as the “perfect storm”, AfriForum stated that there is a deficient investigation acting on a deficient docket, alluding to the possibility of the evasion of justice.
“If you ask the police, they will say that they handed over the docket to the NPA ... ask them. If you ask the NPA, they will say they received very little in the case docket and they can’t do anything with it. There is no prosecutor-directed investigation.”
Addressing journalists on Wednesday, AfriForum’s head of prosecutions, advocate Gerrie Nel, detailed the sequence of events following Mbalula’s botched Dubai trip probe.
“Our first letter to the NPA about this matter was on March 10 2022. We received no co-operation from the NPA. We went so far as to complain about the inefficiency of the Hawks and the NPA in the investigation of this matter to the Presidency in June 2022. It’s not something that we decided we want to deal with now, we have been dealing with this matter for a very long time.”
They said the holiday taken by Mbalula in December 2016 during his tenure as sports minister was sponsored by Sedgars, a government service provider — a bill which Mbalula is alleged to have later claimed was a loan.
“What we also know is that in the month of October 2017, Eyewitness News published a report about Mbalula’s holiday which revealed who paid for it. The strangest thing happened: on the same day, Mr Mbalula started paying back the money. On the same day, AfriForum referred the matter to the public protector. During that hearing, his lawyers said the money was a loan and the public protector made a finding to refer the matter to the NPA to investigate money laundering, which never happened.”
In addition, AfriForum wants Mbalula to be held accountable for what it describes as “policy and political extremism”.
The organisation has also opened a crimen injuria and civil case against Mbalula.
AfriForum’s head of policy, Ernst van Zyl, said the crimen injuria case was intended to ensure Mbalula faced justice, while the civil case was directed at his alleged defamatory lies.
He has spread lies against innocent people. What we have here is a serial liar, who lies without a conscience, who will destroy anyone if it ensures that it will help them hold on to power and achieve his agenda
— AfriForum’s head of policy, Ernst van Zyl
“He has spread lies against innocent people. What we have here is a serial liar who lies without a conscience, who will destroy anyone if it ensures that it will help them hold on to power and achieve his agenda, even if those people are completely innocent. Where there is smoke, there is fire, and currently there are massive smoke signals against Mbalula’s activities and conduct.”
AfriForum said it would ensure that the dossier it has compiled against Mbalula reaches the necessary authorities to ensure he is held accountable, saying “justice will prevail”.
Van Zyl said they would give the NPA an opportunity to probe the matter, before taking the case into their own hands.
“That’s why AfriForum’s private prosecution unit exists in the first place, to take on politicians, specifically those who believe they are above the law and have been getting away with so much for so long.”
Nel accused the NPA of turning a blind eye, but said they would forge ahead with their campaign should their cries fall on deaf ears.
However, Nel confirmed that they had written to the new NPA boss, Andy Mothibi, detailing their view on the state of affairs, hoping that the new broom would “sweep clean”.
The ANC rejected “with the contempt it deserves the so-called ‘Mbalula Dossier’ released by AfriForum”.
The party reaffirmed its full confidence in Mbalula and the leadership of the organisation.
It dismissed the dossier as part of a politically motivated campaign to distract Mbalula.
“This document is not a pursuit of justice, but a politically motivated smear campaign to isolate the secretary-general by a reactionary organisation that has long positioned itself as an enemy of transformation, non-racialism and the democratic will of the South African people.
AfriForum has again exposed its true character as an imperialist-aligned pressure group that routinely seeks intervention from foreign powers against a democratic sovereign nation and its citizens
— ANC
“AfriForum has again exposed its true character as an imperialist-aligned pressure group that routinely seeks intervention from foreign powers against a democratic sovereign nation and its citizens.
“Its call for the United States to impose punitive measures against a South African, who is a leader of the democratically elected governing party, is not only reckless, but an affront and direct attack on our sovereignty.
“This is the conduct of an organisation that has abandoned any pretence of patriotism and has chosen instead to act as a proxy for external interests that are hostile to South Africa’s transformation agenda.”
The ANC said it was no coincidence that “this desperate offensive” followed its successful People’s March in defence of sovereignty and democratic gains held on Human Rights Day.
“Today’s actions are part of the same agenda to de-legitimise the democratic state, leaders of the liberation movement and all progressive forces and preserve historical privilege.”
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