NPA to prosecute On Point Engineering and a dead man, but not Malema

The National Prosecuting Authority (NPA) has responded to lobby group AfriForum, confirming that while it will be prosecuting On Point Engineering for tender fraud, Economic Freedom Fighters (EFF) leader Julius Malema will not be hauled to court.

On Point Engineering stands accused of defrauding the Limpopo roads and transport department to the tune of R52 million.

In a case that fell off the court role back in 2015, after one of the co-accused fell ill, the state accused Malema of having used money from an On Point Engineering tender to buy a farm and a Mercedes Benz.

Malema’s Ratanang Family Trust was believed to be an indirect shareholder in On Point.

According to the NPA, Malema and Ratanang may still be prosecuted, with the outcome of the On Point Engineering case set to determine whether or not the EFF leader will be dragged to court.

AfriForum CEO Kallie Kriel on Monday morning expressed the view that Malema was likely to be let off the hook.

“The main problem is the saying that says: ‘Justice delayed is justice denied.’

“We saw what happened in the Shabir Shaik case where former president Jacob Zuma was not prosecuted with them and it led to years of delays. The more the years go by, the harder it is to prosecute,” he said.

READ MORE: Is Malema off to jail soon? asks AfriForum

He also said he was not sure why Malema would not be prosecuted alongside On Point Engineering as, according to him, the evidence against him remained solid.

“Nothing changed, the facts didn’t change and we believe this decision by NPA is the wrong decision and there is ample evidence that Malema is guilty of money laundering and he should be prosecuted for that,” said Kriel.

As well as On Point Engineering, the company’s chief executive, Lesiba Gwangwa, and one of its directors, Kagisho Dichabe, will also be prosecuted.

Curiously, also on the list of co-accused is Thomas Rasethaba, who has passed away since the case began. He was allegedly involved in a trust linked to On Point.

A representative of the family told 702 that they had not been approached, and they were unaware of who the NPA had communicated with regarding the decision to prosecute the late Rasethaba.

AfriForum announced in April 2018 that advocate Gerrie Nel, who is head of the lobby group’s prosecuting unit, would privately prosecute Malema and those who stand accused alongside him for alleged fraud and corruption relating to tenders awarded to On-Point Engineering.

In March, the NPA said a decision had not yet been made as to whether or not they would be prosecuting Malema over the alleged tender irregularities, which date back to 2012.

AfriForum said they would privately prosecute if the NPA did “yield to” their “demand” that the case be reinstated.

(Compiled by Daniel Friedman)

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