A North West ANC leader claims corruption cases have stalled despite investigations by the Hawks.
An ANC leader has accused the North West NPA of failing to prosecute corruption cases. Picture: Michel Bega/The Citizen
A senior North West ANC leader is taking his corruption fight to the Madlanga Commission of Inquiry.
The man, who does not want to be named for fear of victimisation, implicates the National Prosecuting Authority (NPA) in North West, alleging in an affidavit submitted to the commission it has failed to pursue prosecutions despite overwhelming evidence.
Affidavit raises concerns over prosecutions
His submissions to the commission contain official documents from the Hawks, revealing that 14 cases were opened for investigation following complaints by the North West members of the standing committee on public accounts regarding corruption in the provincial government.
“The members had concerns about alleged irregularities within government departments and municipalities,” the document read.
According to the senior ANC leader: “The director of public prosecutions (DPP) has shown that it does not have the appetite to investigate these cases involving powerful politicians and tenderpreneurs in the North West.
“The Hawks have done their work, but the problem is with the DPP, as they are the last line of defence. They are failing to prosecute,” he said.
NPA rejects political interference claims
NPA communications officer Lindiwe Mabasa rejected these claims, saying: “The NPA categorically rejects any suggestion that prosecutorial decisions are influenced by political considerations.
“In line with the constitution, the NPA Act and the prosecution policy, every decision to prosecute or decline to prosecute is based solely on the available admissible evidence and whether there are reasonable prospects of securing a successful prosecution,” Mabasa said.
According to Mabasa, the DPP in North West, Rachel Makhari, has instructed that the relevant case dockets be revisited and, where necessary, that further investigations be conducted.
The cases referred to the DPP for a decision include a department of human settlements project that was meant for Rustenburg local municipality for a housing project in 2022, but was instead referred to Bojanala district municipality.
High-profile cases remain unresolved
In 2021, the Hawks finalised investigations and submitted a docket to the DPP following a complaint laid by then cooperative governance, human settlements and traditional affairs MEC Mmoloki Cwaile, who alleged that R3 000 000 was paid in advance to a company named Electronic Connect before work was done.
He also alleged the director of the company at the time was in a romantic relationship with the then Rustenburg mayor, Mpho Khunou.
ANC MPL Aaron Motswana opened a case involving R54 million, which was meant for community social residential units.
To this day, the houses stand incomplete behind Mmabatho Stadium.
The case was referred to the DPP in Gauteng South on 6 October, 2021.
The other cases the North West DPP declined to prosecute include alleged excessive payments from Rustenburg Local Municipality to ENS Forensic in 2018, which amounted to R15 million and did not match the nature of the work contracted for.
Madlanga commission seen as last avenue
Mabasa attributed the declined case to complex evidential and legal challenges, especially involving financial crimes and corruption.
“Where investigations do not yield sufficient admissible evidence to sustain a successful prosecution, the NPA is duty-bound to make decisions that are consistent with the law,” she added.
The ANC senior leader in the province said: “I have been fighting corruption in the North West, but the DPP does not support me and like-minded people.
“I end up convinced that they work with those who are causing harm to state institutions. The Madlanga commission becomes the last option to help hold lawbreakers accountable,” he added.
