Afriforum’s Prosecuting Unit Spokesperson, Barry Bateman, has been criticized for his inadequacy in handling a criminal case against South Africa’s political elite. The National Prosecuting Authority (NPA) has not stated its decision on whether it will prosecute or not, and the Hawks handed over the Fikile Mbalula case docket to the NPA nearly three months ago.
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, 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 the National Director of Public Prosecutions, Adv. Shamila Batohi, the head of the Unit, Adv. Gerrie Nel, refers to the well-documented delays in finalising 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, favor, or prejudice as lawyers of the people.”
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. 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. 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.
In another case, the brother of the former chief operating officer (COO) of the Lottery is seeking to overturn a preservation order on three properties. He, along with the wife of the former COO, have claimed in affidavits that R3 million towards the purchase of one of these properties, a house in Bryanston, Johannesburg, was a loan to ANC secretary-general Fikile Mbalula to help him buy the house. The paper trail indicates that this R3 million towards the house purchase ultimately came from Lottery grant money.
Letwaba, the wife of former National Lotteries Commission (NLC) chief operating officer Philemon Letwaba, has claimed under oath that her company loaned R3 million to then-sports minister Mbalula to help him buy a luxury home in the upmarket suburb of Bryanston in Johannesburg. She resigned under a cloud while on suspension pending a disciplinary inquiry, where he would have faced charges of money laundering and abusing his position to enrich himself and his family.
Malomane’s claim about the loan to Mbalula was made in a confirmatory affidavit submitted in support of a founding affidavit by Letwaba’s older brother, Johannes Letwaba. Their affidavits form part of an attempt to lift the preservation order on the house. Both Malomane and Johannes Letwaba both claim that the funds for the alleged loan to Mbalula came from fees that Ironbridge was paid by Lulamisa Community Development for work it did on Durban’s Commonwealth Games bid.
Mbalula had approached Malomane for help as he was “apparently short of R3 million to secure the property,” Letwaba wrote in his affidavit. He told GroundUp that he wanted “to restate” the statement in this story by Mr. Esethu Hasane, his former spokesperson. He previously told GroundUp that the questions about this property are best placed for answers by the owners of the property and must be referred to them.
Afriforum's Prosecuting Unit Spokesperson Barry Bateman says the letter received from Gauteng Director of Public Prosecutions Sibongile Nyathi, explaining why ANC SG Fikile Mbalula will not be prosecuted, is embarrassing.
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