NPA to prosecute associates, not Malema

While Economic Freedom Fighters (EFF) Commander in Chief Julius Malema seems to be off the hook for now, the National Prosecuting Authority (NPA) will continue to arraign Malema’s former business partners and co-accused on charges relating to tender fraud totalling almost R52 million with the then Department of Roads and Transport dating back to 2012.
In a letter dated 15 November and addressed to Kallie Kriel, Chief Executive Officer of AfriForum, the NPA referred to the matter between the state and On Point Engineering stating that Lesiba Gwangwa, Kagisho Dichabe and Thomas Rasethaba would be prosecuted in the Pretoria High Court on a charge of fraud for having misrepresented to the then Department of Roads and Transport in Limpopo in the awarding of the tender of R51 974 057.
The letter signed by acting Director of Public Prosecutions of the Gauteng Division George Baloyi further indicates that in the same trial Gwangwa will be charged on three counts of fraud having allegedly misrepresented the department and Professional Service Providers that On Point Engineering was not paid for the road drawings
and designs whereas it was paid R8 432 114,13.
Baloyi was quoted verbatim: “I decline to prosecute Mr Julius Malema at this stage. After the finalisation of the trial in this matter, the record of the proceedings and any credibility findings that the court might have made during the trial as well as the report of the prosecutor who conducted the trial will be perused to determine whether a criminal prosecution should be instituted against Mr Julius Malema.”
Baloyi further stated that a separate investigation will immediately be launched regarding his (Malema) administration of the Ratanang Family Trust and a decision will be taken here on after the finalisation of the investigation in this regard.
The matter will be enrolled in the High Court in due course.
The case was struck off the roll in the Polokwane Magistrate’s Court after Rasethaba fell ill in 2015 and later died.
Last year AfriForum announced that it would privately prosecute Malema in relation to the tender.
Efforts to get comment from Kriel failed at the time of going to print but he was quoted to have said that the NPA has been reluctant to prosecute Malema and that the organisation believes that it is not the right decision.

Story: RC Myburgh
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