Impotent NPA once again stalls on making a decision in Fikile Mbalula matter
6 June 2023
The National Prosecuting Authority (NPA) has again demonstrated its inadequacy when confronted with a criminal case against South Africa’s political elite. AfriForum’s Private Prosecution Unit has learnt with shock, but very little surprise, that the Hawks handed over the Fikile Mbalula case docket to the NPA nearly three months ago, but the NPA has still not stated its decision on whether it will prosecute or not. Last month the Hawks honoured the ultimatum issued by the Unit and confirmed the docket was transferred on 9 March 2023.
The criminal case against the ANC Secretary General stems from a 2018 Public Protector report into the then-Minister of Sport’s family holiday to Dubai, which referred the matter to the NPA to “investigate whether the funds used to pay for the trip were not the proceeds of money-laundering”. All indications are that the NPA simply ignored this instruction.
The allegations against Mbalula are simple and uncomplicated. They entail that the Dockrat family, through linked companies, allegedly paid for the politician’s holiday – a single transaction with a travel agent without any complicated forensic analysis of financial records and bank statements required.
In a letter to National Director of Public Prosecutions, Adv. Shamila Batohi dated 5 June, head of the Unit, Adv. Gerrie Nel refers to the well-documented delays in finalizing the case against Mbalula. “It is quite ironic that the NPA would criticise accused persons for using the Stalingrad defence tactic but would itself do anything possible to avoid deciding to prosecute or not. Thereby disappointingly doing anything possible to avoid undertaking their civil obligations by acting in good faith and without fear, favour or prejudice as lawyers of the people.
“We submit that the NPA is impotent in dealing with this matter. The futility of any expectation of a decision by the NPA leaves us contemplating an approach to the High Court and public disclosure of the ‘deliberate’ ineptness of the NPA’s handling thereof. It is perhaps opportune to allow the court of public opinion to judge the NPA’s selective approach to politically inconvenient prosecutions,” said Nel.
Barry Bateman, spokesperson for the Unit, referred to remarks made by Mbalula in a recent interview, where he said the Scorpions should be brought back because they were effective. “By Mbalula’s own assessment, the NPA is impotent and incapable of prosecuting crime. He makes this observation without a hint of irony, because if the Scorpions were to suddenly reemerge, Mbalula would be among the first to find himself standing trial for corruption.
“Mbalula can make such an outrageous comment, safe in the knowledge that in the current dispensation he benefits from political protection afforded by his status as ANC Secretary General, like many other politicians shielded from prosecution. It would prove too costly for leadership in the NPA to make a decision against the political elite, as is evidenced by the constant delays in finalising this matter,” said Bateman.
A decision to prosecute Mbalula will be the first step in the process to restoring confidence in the NPA.
Issued by Barry Bateman, Communications Manager: Private Prosecution Unit, AfriForum, 6 June 2023
