AfriForum's private prosecution unit says it will file a Promotion of Access to Information Act (PAIA) application for access to the case docket after the National Prosecuting Authority (NPA) declined to prosecute ANC secretary-general Fikile Mbalula.
The NPA announced on Wednesday it will not prosecute Mbalula after the public protector's report in 2019 which ordered the NPA to investigate whether the funds used to pay for Mbalula's trip to Dubai in 2016 were the proceeds of money-laundering.
The NPA had also written a letter to AfriForum, which was a complainant to the public protector, and also questioned the NPA about its progress in complying with the public protector's remedial action.
In a letter to AfriForum, the NPA said a decision was made to decline to prosecute anyone in the matter, as there was no evidence supporting allegations of criminal activity.
The NPA said the gist of the evidence was that the money used to pay for the trip was a loan by a person (known to the prosecution team) in a personal capacity to Mbalula.
It said the loan of R300,000 was repaid in full with interest and that the investigation further looked into whether there was a quid pro quo (a favour or advantage granted in return for something) between Mbalula and the people linked to the two companies mentioned, namely Reimon Uniforms and Sedgars Sport, and such could not be found.
“Accordingly, there are no prospects of a successful prosecution in this matter. Should you disagree with this decision, you can approach the office of the National Director of Public Prosecutions [NDPP] to review my decision,” read the letter.
AfriForum private prosecuting unit spokesperson Barry Bateman said the unit welcomed the NPA finally making a decision in the matter against Mbalula, which took nearly four years.
“This decision follows recent stern correspondence to the NDPP for the NPA’s repeated failure to address our letters related to various cases, Mbalula being one of them.
“Now, we will file a PAIA application for access to the case docket. Once the unit has studied its contents we will announce our next step,” Bateman said.
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