- AfriForum’s Private Prosecution Unit has written to President Cyril Ramaphosa to intervene in the Hawks and National Prosecuting Authority's failure to investigate and prosecute Transport Minister Fikile Mbalula.
- In 2018, Public Protector Busisiwe Mkhwebane found Mbalula had violated the terms and conditions of Parliament's executive ethics code.
- This in relation to a Dubai holiday he took with his family.
AfriForum's Private Prosecution Unit has written to President Cyril Ramaphosa requesting he intervene in the Hawks and National Prosecuting Authority's (NPA) failure to investigate and prosecute Transport Minister Fikile Mbalula.
This after Public Protector Busisiwe Mkhwebane found in 2018 Mbalula had violated the terms and conditions of Parliament's executive ethics code when he was minister of sports between 2010 and 2017.
However, no action appears to have been taken in the four years since the finding.
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Mkhwebane found Mbalula guilty after a complaint was laid against him by DA MP Tshepo Mhlongo and AfriForum anti-corruption unit head Monique Taute in relation to a holiday trip he and his family took to Dubai.
She recommended the NPA should investigate whether the funds transferred to Mbalula amounted to money laundering.
AfriForum's investigative unit head, Gerrie Nel, said there seemed to be a deliberate and inept delay in finalising the investigation.
"We have now done what we could. We have written letters, we have threatened people, we have implored and begged people to deal with the investigation and have now decided to report the matter to the presidential hotline.
"We created this office to restore the principle of equality before the law, inclusive of politicians who are sheltered from prosecution because of their connections," Nel added.
In the letter submitted to the Ramaphosa on 14 June, AfriForum said the allegations levelled against Mbalula were extremely serious and South African citizens had the right to expect the case to be dealt with expeditiously, professionally, and effectively.
The lobby group said Taute's fortitude to ensure corruption did no further harm to the country would not wane.
"Having exhausted all reasonable avenues, we have - in considering other remedies - decided to uptake the presidential hotline, trusting that the Presidency is not impotent when dealing with corruption concerns of this nature.
"It would be appreciated if the necessary interventions would be made to deal with this matter urgently," the letter read.
AfriForum claims to have approached Hawks head General Godfrey Lebeya on numerous occasions. Instead of being helpful, the lobby group said he was dismissive and did not address its concerns.
According to the group, Lebeya's response left it with no other alternative but to approach the minister of police and national police commissioner, which they claimed to have done in May 2020.
"On 26 May 2020, we received a response from the minister's office. In response, the minister stated that he had taken note of our concerns … unfortunately, two years later, we have not received any further correspondence from the minister and must accept that no progress was made in the investigation," read AfriForum's letter.
The organisation claimed, unlike the police minister, the national police commissioner did not even bother to indulge it.
In its letter, AfriForum stated the NPA assured it there was still willingness to prosecute, but the organisation believed given the lengthy time it had taken, it had exhausted all possible avenues, and there appeared to be no desire to see to the conclusion of the matter.
Hawks national spokesperson Brigadier Nomthandazi Mbambo said she was unaware of any letter being written by AfriForum to the Presidency.
She added she was unable to comment further on what had caused the delays in the investigation into Mbalula.
The NPA had not responded to questions from News24 by the time of publishing. Despite receiving questions from News24, the president's spokesperson, Vincent Magwenya, also did not respond.
Mbalula said given the letter was not directed to him but to the president’s office, he could not comment on the matter.
Company
When he was the sports minister in 2016, he went on a family holiday in Dubai courtesy of a private company named Sedgars Sports, which at the time was conducting business with the SA Sports Confederation and Olympic Committee.
Some of the allegations against Mbalula were that half of his trip - which cost about R680 000 - was paid for by Sedgars through an inactive company known as Reimon Uniforms.
Mkhwebane found as an MP and Cabinet member at the time, it was alleged Mbalula did not disclose the sponsorship of the trip in the register of members' interests as is required in law and therefore violated the executive members' ethics code.
In 2019, Taute said the NPA's failure to prosecute Mbalula on the Public Protector's recommendation compelled AfriForum to lay charges at the Brooklyn police station in Pretoria.
"Since the Public Protector's recommendation, there has been no investigation by the Hawks, and having tried on numerous times, we have not received any feedback from the NPA. Hence, we have resorted to laying criminal charges with the intention of pursuing private litigation should the NPA still not prosecute."
She added the minister, like any other citizen, should be subjected to the country's justice system and had to prove his innocence before the courts.
"No politician can be regarded as above the law, which is why AfriForum's anti-corruption unit is of the opinion that it is in the public interest as well as in the interests of justice that the NPA prosecute him without fear, favour, or prejudice," Taute said at the time.
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