AfriForum slams NPA over decision not to prosecute Fikile Mbalula

AFRIFORUM has slammed the National Prosecuting Authority over its decision not to prosecute Fikile Mbalula over R600,000 family trip to Dubai.

NPA spokesperson, Lumka Mahanjana, said following the release of the Public Protector's report in December 2019, the NPA looked into allegations that Sedgars Sports funded the Mbalula family holiday to Dubai between December 2016 and January 2017, when Mbalula was the sports, arts and culture minister.

"The referral from the Public Protector, was to investigate whether the trip was proceeds of money laundering, with the view to prosecute anyone who may have been involved in criminal activities," she said.

She said the NPA had made the decision, guided by prosecutors in the Specialised Commercial Crime Unit office in Pretoria and the Director of Public Prosecutions, as there was no evidence supporting allegations of criminal activity.

AfriForum's Barry Bateman said the decision was irrational and wrong.

He said in a letter to AfriForum, Gauteng Director of Public Prosecutions Advocate Sibongile Mzinyathi said the first reason for not pursuing the case was because the money used to pay for the trip was a loan of R300,000 by a person in personal capacity to Mbalula and was paid back in full and with interest.

Bateman said, according to Mzinyathi, the investigation further looked into whether there was a quid pro quo between Mbalula and the persons linked to the two companies mentioned, namely Reiman Uniforms and Sedgars Sport, and it could not be found.

“While the Private Prosecution Unit also believes the payment was not a loan, the NPA’s position does not provide an excuse to not prosecute Mbalula,” Bateman said.

“Section 3 of the Prevention and Combatting of Corrupt Activities Act defines a 'gratification' as 'any donation, gift, loan, fee, reward, valuable security, property or interest in property of any description, whether movable or immovable, or any other similar advantage',” he said.

“Sadly, but not surprisingly, the second reason provided by the NPA further demonstrates prosecutors’ very poor understanding of the crime of corruption.”

He said that it took the NPA nearly four years to come to this decision. Such delay invariably prejudiced the chances of a successful prosecution.

This has not deterred the Private Prosecution Unit, which remains convinced that Mbalula has a criminal case to answer to. The unit will now carefully consider its next step to ensure that justice is done, Bateman said.

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