NPA won't prosecute Collen Maine for incitement - COPE

Dennis Bloem asks why Julius Malema is facing charges while the ANCYL President is not


On 10 February 2016, Congress of the People laid a charge against Collen Maine, President of the ANCYL at the Brooklyn Police Station in Pretoria. The case number was: CAS 269/2/2016 which was subsequently transferred to the Soshanguve Police Station where a new case number was given as CAS 216/02/2016. Contact number for the police station: 012-3661700

We laid a charge against him for unlawfully inciting violence in breach of the Constitution. He made the following remarks:

“Those who seek to disrupt the State of the Nation must prepare themselves for a civil war... The Youth League will physically remove woodworkers from parliament. We cannot allow Julius Malema and his monkeys to run our country amok and turn this country into a banana republic.”

Section (16) (2) (b) of the Constitution excludes the right of freedom of expression, “incitement of imminent violence”.

As the youth leader of the largest political formation in South Africa, Collen Maine’s remarks threatening a “civil war” have to be taken very seriously. There is increasing volatility in South Africa and the role of political leaders is to act constructively and to lead the nation forward.

On Monday 30 October 2016 we received communication from Soshanguve Police Station informing us that the National Prosecution Authority has declined to prosecute Collen Maine. No explanation was provided for this decision. So Maine won't have his day in court. In February we said we hope and believe that Maine will be prosecuted for declaring his readiness to start a civil war.

COPE is utterly shocked by this disgraceful decision by Shaun Abrahams, Head of NPA, to decline to prosecute Maine for such a serious case.  We don't have any doubt in our minds that Shaun Abrahams is captured by the ANC. That is why he sees nothing wrong to have meetings with Zuma, Ministers Masutha, Dlamini and Mahlobo at ANC headquarters Luthuli house.

Everybody will be justified to ask the question why was Shaun Abrahams so hell bent in charging the leader of the EFF Julius Malema, and for that matter even with an out dated Apartheid oppressive law.

Colleen Maine threatens the country with civil war. The lives and the stability of the country were threatened by this dangerous and reckless statement, and Shaun Abrahams see nothing wrong in that.

COPE can assure Shaun Abrahams that we will not leave this abuse of state power unchallenged. Mr Lekota, COPE President, will take up this disgraceful decision with the Ministers of Justice Mr Masutha and that of Police Mr Nhleko. COPE believes everybody is equal before the law.

Statement issued by COPE spokesperson, Dennis Bloem, 9 November 2016