NPA under threat: Andy Mothibi reacts to intimidation amid R4 million forfeiture dispute

The newly appointed National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi has strongly condemned threats directed at the National Prosecuting Authority (NPA) and a senior official in its Asset Forfeiture Unit (AFU), following a widely circulated social media video.

The video allegedly shows a member of the Mkhonto Wesizwe Party (MKP) attempting to force entry into the NPA’s head office while looking for a senior AFU official. In the footage, the individual is heard threatening to mobilise a crowd to block access to the NPA building for 14 days, or until money is released to what he referred to as “the women of South Africa.”

Mothibi described the conduct as unlawful and an attack on the rule of law, saying it amounts to an attempt to interfere with the work of the NPA.

“The intimidation and threats are serious and call for urgent action,” the NPA said, confirming that a criminal case has been registered with police.

The threats are linked to ongoing legal proceedings involving the Growsave Stokvel and funds associated with Women Against Poverty and Hunger (Pty) Ltd (WAPH).

The head of communications for NPA, Bulelwa Makeke, said that in 2024, the North Gauteng High Court in Pretoria granted two preservation orders to the AFU totalling more than R4.19 million. The first order, issued in September 2024, preserved over R4 million, while a second order in October 2024 preserved over R136,000 in various bank accounts linked to WAPH and others.

In June 2025, the AFU obtained a forfeiture order for R136,709.77 plus accrued interest. However, on 26 November 2025, the High Court set aside the initial preservation order of over R4 million and directed that the frozen accounts be released.

Makeke said the NDPP has since filed an application for leave to appeal, disputing both the correctness and legality of that judgment.

"Two interlocutory applications are currently pending, including one seeking to suspend the order releasing the funds while the appeal process unfolds."

The case stems from information received by the AFU from the National Consumer Commission (NCC), which investigated WAPH’s operations.

Makeke said that according to the NCC, WAPH invited members of the public via online platforms, including Facebook, to pay a once-off fee of R300 in exchange for monthly groceries for 12 months.

The groceries allegedly included 10kg bags of flour, mealie meal and rice, along with 2 litres of cooking oil and 2kg of sugar each month.

A price comparison found that the total monthly value of the groceries was approximately R441.87, amounting to R5,302.44 over a year — despite members paying only R300 once.

Members were also encouraged to recruit others, with incentives such as R1,000 for signing up 10 new participants.

"The NCC concluded that the scheme constituted a prohibited multiplication scheme under the Consumer Protection Act. It calculated the effective interest rate at 1,667.47%, far exceeding the repo rate by more than 20%.

"Authorities further allege that WAPH was not licensed as a financial services provider under the Financial Advisory and Intermediary Services (FAIS) Act and was not authorised to accept public deposits, in contravention of the Banks Act," said Makeke.

The AFU contends that the preserved funds are proceeds of unlawful activities under the Prevention of Organised Crime Act (POCA).

The NPA further indicated that WAPH and its organisers have not litigated their opposition to the asset recovery proceedings in a professional manner, prompting complaints to the Acting Judge President of the Gauteng Division, Pretoria.

Mothibi urged individuals with legal grievances to pursue them through proper legal channels rather than resorting to threats or intimidation.

“The rule of law must be respected,” said Mothibi.

sinenhlanhla.masilela@iol.co.za

IOL News

Get your news on the go. Download the latest IOL App for Android and IOS now.