AfriForum private prosecution unit head Adv Gerrie Nel says their public announcement this morning on a dossier about Fikile Mbalula is a ‘last outreach’ to the NPA to pursue a matter against the ANC secretary-general.

Nel believes that this is an ‘uncomplicated matter’ as there is a minister involved, there is a supplier and an undue benefit. The matter relates to Mbalula’s Dubai holiday in 2016 and 2017, estimated to have cost R684 000. Nel says the travel agency demanded payment in February 2017 and that Sedgars Sport made a payment of more than R300 000, with an additional amount of more than R300 000 made through cash deposits. Nel adds that these payments started on the same day that EWN released a report in October 2017.

Nel says AfriForum heard through lawyers that this money was a loan and was subsequently paid back.

Mbalula was sport minister at the time.

Nel says the unit’s first letter to the NPA regarding this matter was in March 2022 and that after not receiving responses from either the NPA or the Hawks, they sent letters to President Cyril Ramaphosa.

A back and forth on the matter continued and, in 2019, the public protector made a finding and referred the matter back to the NPA.

In an article published by SAnews.gov.za in August 2023, the NPA said: “After police investigations, guided by the prosecutors in the Pretoria Specialised Commercial Crime Unit office, and the Director of Public Prosecutions office, a decision to decline to prosecute anyone in this matter was taken, as there is no evidence supporting allegations of criminal activity.”

AfriForum slammed the NPA over its decision, saying it appeared to be ‘irrational and wrong by law’.

Nel says comments this morning by the new national director of public prosecutions, Adv Andy Mothibi, before AfriForum’s briefing, give them hope that something will be done this time. If not, Nel says, this is a ‘good matter for private prosecution’.

When asked why the unit continues to hold onto hope via the NPA route, AfriForum CEO Kallie Kriel says they are doing this ‘for South Africa and its people’ and that it wants the criminal justice system to work.

Nel adds that they need a nolle prosequi certificate, which confirms the state’s decision not to prosecute, as a final ‘tick box’ before they will be able to ‘develop the law’ to privately prosecute.

Mbalula took to his X account after the live media briefing and posted: “Gerrie Nel And his afriforum are big clowns and they like to Play with words like DOSSIER do they even know what is a dossier?[sic]”

More X posts followed:

Caxton Network News contacted Mbalula’s attorney Asmitha Mothilal Links of A Mothilal Attorneys Inc about the allegations. “No comment. A formal statement will be issued in due course.”

The NPA was also approached for comment but none was received at the time of publishing.

Watch the briefing:

You can read the full dossier here:

*The article has been amended since it was first published, to include the dossier.

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