Private Prosecution Unit seeks answers on status Board of Inquiry report on Military Police boss

19 November 2023

AfriForum’s Private Prosecution Unit has written to General Rudzani Maphwanya to get an update on the implementation of a Board of Inquiry’s (BOI) findings on serious allegations involving the Military Police. The BOI specifically looked into the conduct of Rear Admiral Mokgadi Maphoto, Provost Marshal General, during the period January 2017 to 31 August 2022.

The unit has been briefed by Chief Warrant Officer Raphael Ndawo who testified and was cross-examined on his evidence at the BOI over a five-day period. The letter was addressed to Maphwanya as the BOI’s convening authority.

The allegations against Maphoto have been widely reported on and include claims that he has interfered in investigations related to corruption and abuse of state resources by senior officers. These allegations come against the backdrop of reports that the SANDF has been crippled by budget cuts to the extent that only a fraction of its aircraft are able to operate.

Adv. Gerrie Nel, in a letter addressed to Maphwanya and Eric Mnisi, head of the SANDF’s legal division, asked for a status update on implementation of the BOI’s findings. “We perceive a deliberately created and condoned lack of accountability in Government, specifically in the SANDF.

“The age-old question ‘quis custodiet Ipsos custodes’ – who will guard the guardians – has never been more apt. The BOI investigated serious allegations against the Military Police, but it seems that the convening authority is either laissez-faire or deliberately failing in its duty to act. It serves little purpose if money and effort are spent on a BOI only to be shelved because a ‘trusted’ member of senior management has been exposed.

“Experience has shown that people in authority may view themselves as removed from a duty to account, and, as we have done in the past, we will not hesitate to approach a court to enforce the execution of their duties by an official. We sincerely hope that litigation will not be necessary, and that the convening authority will do its duty,” said Nel.

The unit will continue to engage the SANDF in efforts to get answers on the status of the matter. The hope is that the unit’s intervention will no longer be required, and General Maphwanya acts on the findings of the BOI.

Issued by Barry Bateman, Communications Manager: Private Prosecution Unit, AfriForum, 19 November 2023