AfriForum plans to privately prosecute ANC’s Fikile Mbalula if the NPA doesn’t reverse its decision not to pursue corruption charges linked to a 2016 Dubai trip.

• AfriForum plans to privately prosecute ANC’s Fikile Mbalula if the NPA doesn’t reverse its decision not to pursue corruption charges linked to a 2016 Dubai trip.
• They have also urged the US to invoke the Global Magnitsky Act against Mbalula, citing alleged corruption and extremism.
• Mbalula denies the allegations, accusing AfriForum of racism and undermining South Africa’s sovereignty.

AfriForum’s private prosecutions unit will “develop the law” to privately prosecute ANC secretary-general Fikile Mbalula if the National Prosecuting Authority (NPA) doesn’t reverse its decision not to institute money laundering and corruption charges against him.

The pro-Trump lobby group also wants the US to invoke the Global Magnitsky Act against Mbalula, a piece of US legislation authorising the US president to impose economic sanctions and visa restrictions on foreign individuals or entities involved in severe human rights violations or significant corruption.

AfriForum made these announcements at a media briefing on Wednesday morning.

The corruption allegations against Mbalula date back a decade, when he was still then-president Jacob Zuma’s minister of sport.

Mbalula allegedly went on holiday to Dubai in 2016, running up a tab of around R680 000. When the travel agent, months later, wanted payment, Sedgars Sport paid the bill. At the time, Sedgars Sport was a supplier to the South African Sports Confederation and Olympic Committee (Sascoc).

READ | ANALYSIS: Mbalula allegations heaping up

When this reached the public domain through the media in October 2017, Mbalula repaid the money, claiming it was a loan.

AfriForum complained to the Public Protector, then still Busisiwe Mkhwebane, who found against Mbalula and referred the matter to the NPA. This report was not set aside by a court.

But the NPA decided not to prosecute Mbalula.

Advocate Gerrie Nel, the former senior prosecutor now heading AfriForum’s private prosecution unit, said they sent many letters to the NPA and President Cyril Ramaphosa, complaining about the NPA’s and Hawks’ inaction.

READ | Matlala recorded telling cops his R70 000 payment to Shibiri was for alcohol

The appointment of Andy Mothibi, and an exchange between former Constitutional Court Justice Mbuyiseli Madlanga and suspended organised crime head Richard Shibiri about his alleged R70 000 loan from criminal Cat Matlala, at the commission of inquiry into the capture of the criminal justice system, motivated them to write another letter to the NPA.

This request to reverse what Nel considers an irrational decision not to prosecute Mbalula, will be their final correspondence to the NPA before it will “develop the law to privately prosecute Mr Mbalula”, as Nel put it.

He said the case against Mbalula was an “uncomplicated matter”.

Nel added:

Under the law, a loan is also an undue benefit, added Nel.

Apart from the criminal case, AfriForum also compiled what it calls a “dossier” detailing Mbalula’s “extremism,” which will be handed to the “relevant authorities”.

AfriForum CEO Kalllie Kriel said: “If we ask the US to act against Mr Mbalula, it is an act of loyalty [to South Africa].”

He added that it was a last resort, as Mbalula seemed “hellbent” on torpedoing South Africa’s relations with the US to bolster his chances of becoming ANC leader.

According to Kriel, their message to the US is to act against individuals, rather than punishing the whole country.

After AfriForum publicised its pending media briefing on Tuesday, Mbalula’s lawyers wrote to the organisation, and, as is his wont, Mbalula took to the social media platform X.

“I knew that by being vocal against imperialism and the lies of genocide I will be a target. The march on Saturday proved that South Africans are against lies spewed by Afriforum. They are now threatening me with spurious allegations because I dared stand up for our sovereignty. South Africans know the truth and know why they are coming for me and the ANC. I will never waiver fighting racists and those who seek to undermine our democracy! My lawyers will deal with AfriForum, we are not shaken by racists,” reads one of his posts on Tuesday evening.

On Wednesday, following the briefing, he took aim at Nel.

“Gerrie Nel And his AfriForum are big clowns and they like to Play with words like DOSSIER do they even know what is a dossier? (sic)” reads one post.

“I will never cower to apartheid era prosecutor who seek to divert attention from their erratic and unpatriotic disaster of badmouthing South Africa to Donald Trump. Follow the cargaurds (sic) to USA nice land for you there,” reads another.

In another, he said AfriForum represented less than 10% of white South Africans.

“Majority of white people do not have an issue with the transformation policies of the ANC, they want to see an equal society. AfriForum leeches on the fears of a fringe group and feeds them lies about a white genocide, because to them blacks are bloody thirsty animals who kill with impunity,” Mbalula stated.

AfriForum has consistently denied that it is promoting the “white genocide” myth.

Mbalula continued: “Why does AfriForum not want to see black and whites living harmoniously in an equal society? Why does Afriforum want us to go back to the dark days of apartheid? Why does AfriForum hate black people and those who seek to uplift? I will never waiver from fighting for the masses of our people, ever!” (sic)