Eight years after ANC secretary-general Fikile Mbalula travelled to Dubai for a R680 000 family holiday, he might have to face charges of corruption.
This after Non Profit Organisation (NPO), AfriForum announced on Wednesday that it would be challenging the National Prosecuting Authority (NPA) on its 2023 decision not to prosecute Mbalula after a case was laid against him at the Brooklyn police station relating to the trip.
This decision would pave the way for the Afrikaans lobby group to privately prosecute the politician days before the May 29 elections.
The matter was widely reported on in 2016, when Mbalula was sports minister, and spoilt his family on a luxurious holiday in Dubai, from December 2016 to January 2017, blowing about R680 000 that was allegedly acquired from a service provider.
The matter was thrown in the spotlight after it was discovered that Sedgars Sports, a supplier company to the SA Sports Confederation and Olympic Committee (Sascoc), reportedly paid for Mbalula's holiday package.
This prompted then public protector Busisiwe Mkhwebane, in 2019, to recommend that the NPA investigate whether the trip was funded with proceeds of corruption.
In Mkhwebane’s report she had found that Sedgars Sport had paid about R300 000 for the trip which totalled R680 000.
However, Mbalula denied any wrongdoing and claimed that the money was a loan to him which he had paid back.
Mkhwebane found that Mbalula had violated the Executive Ethics Act, however, the NPA declined to prosecute, citing lack of evidence.
Mbalula did not respond to texts sent to him yesterday while his phone rang unanswered.
Yesterday, AfriForum spokesperson Barry Bateman said the organisation’s private prosecution unit, had last Friday obtained a docket from the SAPS following a successful Promotion of Access to Information Act (PAIA) application.
“A significant step has been taken towards privately prosecuting ANC secretary-general Fikile Mbalula on charges of corruption related to his 2016 family holiday to Dubai,” said Bateman.
The unit was convinced that Mbalula had a case to answer to after a “cursory inspection” of the evidence, he said. “It is abundantly clear that the decision not to prosecute Mbalula was irrational.
“The evidence suggests collusion between witnesses and the SAPS; a failure to obtain statements from important witnesses and possible suspects; a failure to obtain valuable records and data; and poor co-operation between the SAPS and prosecutors,” Bateman said.
After identifying portions of the record that were not disclosed in compliance with the PAIA, the Private Prosecution Unit would continue engagements to address this “apparent oversight”, he said.
Bateman said the team would be studying the docket.
“Despite shortfalls, the evidence suggests Mbalula has several benefactors who fund his extravagant lifestyle. The question arises, why were these leads not followed up? Claims made in affidavits were accepted at face value and not scrutinised.
“Notably, a statement from one of Mbalula’s main benefactors was not included in the docket.
“We are shocked, but not surprised, because we warned the National Prosecuting Authority (NPA) of a clear conflict of interest because of the family relations with a senior NPA official.
“Mbalula’s matter may be the clearest case yet of selective prosecution, where a politically connected person and his well-to-do benefactors are sheltered from prosecution,” said Bateman.
He further accused the police and the NPA of protecting Mbalula.
“Considering the poor investigation and irrational decision not to prosecute, it appears that Mbalula has been protected by the police and the NPA.
This has only strengthened the unit’s resolve to ensure Mbalula has his day in court,” he said.
The police ministry and NPA had not responded by the time of going to print.
Pretoria News