AfriForum will have to wait for Malema prosecution decision – NPA
The prosecutions body says AfriForum is jumping the gun by declaring they are in any position to privately prosecute the EFF leader.
AfriForum’s private prosecution head Advocate Gerrie Nel is seen during a press briefing at Afriforum’s head office where he announced that they intend to privately prosecute Economic Freedom Fighters (EFF) leader Julius Malema on charges of fraud and corruption, 19 April 2018, Pretoria. Picture: Jacques Nelles
The National Prosecuting Authority (NPA) on Thursday hit back at AfriForum for announcing in Centurion that they intend to prosecute EFF leader Julius Malema privately.
In order to do that, the NPA would need to issue a certificate of nolle prosequi (declining to prosecute) and they say they will only make that decision public by August 18.
NPA spokesperson Luvuyo Mfaku said: “A decision to prosecute has not been taken yet.”
AfriForum’s Advocate Gerrie Nel announced on Thursday morning that Malema and his co-accused would be privately prosecuted for fraud and corruption if the NPA didn’t reinstate charges against them.
Malema faces charges relating to a R52 million contract awarded to On-Point Engineering in which Malema had a stake through his Ratanang Family Trust.
The case was struck off the roll after one of his co-accused, Kagiso Dichaba, fell ill and the case dragged on for too long.
But AfriForum said they had noted that Dichaba was now healthy enough to cycle, travel, pose in pictures with Cyril Ramaphosa and buy expensive sports cars.
Mfaku said the NPA told AfriForum that “a prosecutor had been appointed and they were applying their mind. We also told them that the prosecutor had instructed the investigating officer to relook at all the evidence, so that we have all the evidence and that witnesses were being interviewed.”
Mfaku said the NPA had informed AfriForum it would make a decision on or before August 18 on whether to prosecute Malema.
“AfriForum is very disingenuous in rushing to make an announcement to the public, while we are still considering the matter. The NPA will not be pressured by AfriForum – they will not dictate to us either. If there are prospects of a successful prosecution, then we will prosecute. If there aren’t then we will not prosecute,” said Mfaku.
Malema responded in a tweet to AfriForum: “Bring it on bloody racists, you don’t scare me at all. I’m born ready! No white man will decide my destiny, the poor masses of our people will…”
AfriForum said it would not respond.
