AfriForum’s Malema move ‘opportunistic’ – NPA boss

National Director of Public Prosecutions (NDPP) Shaun Abrahams has criticised the decision by Afrikaner interest group AfriForum to publicly announce it intends to privately prosecute Economic Freedom Fighters leader Julius Malema.

Abrahams was in Parliament on Tuesday to deliver the National Prosecuting Authority’s (NPA’s) annual performance plan and budget proposal for the next year.

The NPA head also addressed some “recent issues” in the media, including AfriForum’s announcement last week that it intended to prosecute Malema for an old matter, relating to a contract with On-Point Engineering.

“It was opportunistic of this NGO to go public. In fact, even before this NGO had gone public on this matter, I was expecting that the NPA may be ready to announce a decision,” he told MPs.

“So I was surprised when this NGO announced they were ready for prosecution. It was unbecoming, to say the least.”

Abrahams explained that a request for a nolle prosequi certificate (which is necessary for a private prosecution) was received from AfriForum, and added that his office was aware of it.

READ MORE: ‘Bring it on bloody racists… I’m born ready!’ – Malema

However, he had not provided his signature and had assigned Malema’s case to a new team of prosecutors who continued to interview witnesses, he said.

AfriForum had written to the NPA and then “opportunistically ran to the media”, he charged.

“I have been advised that this matter is presently under consideration and at a very advanced stage. It is not under review by any prosecutor, as the public has been made to believe.”


The only time a nolle prosequi certificate can be granted is if the NPA declines to prosecute, he continued.

“Anyone that announces a private prosecution prior to the process being concluded, is grandstanding and misinforming the public.”

Abrahams said he felt the initial decision to strike the matter from the court roll was a mistake, but said the NPA continued with the process nonetheless.

The case against Malema was struck from the court roll in 2015 after one of Malema’s co-accused fell ill and the case dragged on.

Malema initially faced charges in relation to a R52-million contract awarded to On-Point Engineering.

The State previously alleged that Malema substantially benefited, through a family trust, from the tender payment to On-Point.

AfriForum explains rationale

AfriForum prosecutor Gerrie Nel last week explained why AfriForum decided to pursue the case, News24 reported.

He explained that, after the Hawks investigated the charge and “found proof of corruption”, the NPA started the prosecution of Malema.

“However, on August 4, 2015, the case against Malema was struck from the roll of the Limpopo High Court in Polokwane after one of Malema’s co-accused could not attend the hearing due to illness.

“The NPA neglected to place the case on the roll again during the two years and eight months that have since passed.”

AfriForum sent its request to the NPA in March this year. The NPA responded to say the reinstatement of the charges was currently being considered and a final decision would be taken in August.

Based on that response, Nel said AfriForum would privately prosecute Malema should the NPA decide to not reinstate the case.

Nel added that it was unacceptable that the NPA, after more than 30 months, had failed to take the corruption case against Malema any further. – News24

These are unprecedented times, and the role of media to tell and record the story of South Africa as it develops is more important than ever. But it comes at a cost. Advertisers are cancelling campaigns, and our live events have come to an abrupt halt. Our income has been slashed.

The Mail & Guardian is a proud news publisher with roots stretching back 35 years. We’ve survived thanks to the support of our readers, we will need you to help us get through this.

To help us ensure another 35 future years of fiercely independent journalism, please subscribe.

Paul Herman
Paul Herman works from London. London based Songwriter/Producer. Paul has written songs for Artists like Dido, Emeli Sande, Corinne Bailey Rae, Eminem, Izzy Bizu, Raleigh Ritchie... Paul Herman has over 260 followers on Twitter.
Advertising

Mapisa-Nqakula ‘regrets confusion’ after contradictory statements on Khosa case

The minister’s media statement follows a letter from Khosa’s attorneys that they were considering a perjury charge or a complaint with the Public Protector

Capture claims plague new private-security bargaining council

Unhappy members of the National Bargaining Council for the Private Security Sector say corporate governance standards are being flouted

The backlogs, denials and future of testing Covid-19

The National Health Laboratory Services finally admitted to a bottleneck last week, after denying there were any issues since April. According to the service, the backlog of 80 000 tests started in the first week of May
Advertising

Press Releases

Automotive Industry and Covid-19

Many rental fleets are no longer operational and their usually well-maintained cars are entering the market in big numbers

The fourth industrial revolution: It works for UJ

Huge advances in technology make training and the application of medical knowledge better, faster and more widely accessible

PPS Webinar 4: Asset Protection in Times of Uncertainty

The Covid-19 crisis means people are spending more time at home, so they expect different packages from their insurance companies

International Partnerships are key for Africa during Covid-19

Perhaps this pandemic is the jolt that we needed to strengthen intra-country collaboration and revive international friendships

Auditor-General of South Africa seeks request for information

Suitably qualified and experienced vendors are sought to supply tools to assist in the support of financial statement audits

Former bursary student hits a six and lands top job at WPCA

Thuthuka Bursary recipient Tennyson Botes decided to make a difference in his community — and he's doing exactly that

SANRAL to professionalise its finance division with world-class professional accounting designations

'It is about how I can get my staff to acquire more skills and sharpen those skills that they already have,' says SANRAL CFO Inge Mulder

Empowering his people to unleash their potential

'Being registered as an AGA(SA) means you are capable of engineering an idea and turning it into money,' says Raymond Mayekisa

The best local and international journalism

handpicked and in your inbox every weekday