Mthatha businessman Lonwabo Bam has roped in AfriForum to resuscitate charges against premier Oscar Mabuyane and his former ally, Babalo Madikizela.
The charges relate to money he is alleged to have received, renovations to his home and a car he used back when he was the ANC’s provincial secretary.
The National Prosecuting Authority declined to prosecute the two in 2024 on charges of money laundering, fraud and corruption due to insufficient evidence.
This followed an investigation by former public protector Busisiwe Mkhwebane, which found that both Mabuyane and Madikizela had improperly benefited from money from the Mbizana municipality that had been allocated for the funeral of ANC stalwart Winnie Madikizela-Mandela.
Mabuyane went to court in 2021 to block an investigation by the Hawks in the Free State that was looking into the matter. He questioned why the investigation was not being done by the Hawks in the Eastern Cape.
At the time, he alleged the investigation was a witch hunt driven by then-suspended ANC secretary-general Ace Magashule who, at the time, was in an opposing party faction to the premier.
In a letter dated April 15 and addressed to the NPA, AfriForum head of private prosecution Gerrie Nel said Bam approached their office for assistance “and we now act on his behalf”.
“We acknowledge that our client, Lonwabo Bam had, before consultations with us, already directed a comprehensive representation to the national director of public prosecutions seeking a review of the decision of the DPP Eastern Cape not to prosecute Oscar Mabuyane and Babalo Madikizela on the charge of corruption,” Nel says in the letter.
“Kindly take heed that this is not yet an application for a nolle prosequi certificate (declaration of dropping the claim) in terms of the provisions of Section 7 of the Criminal Procedure Act 51 of 1977.
“We do, however, amplify that we steadfastly hold the opinion there is a compelling case for a prosecution.”
Nel said he and advocate Phyllis Voster were instructed to consider private prosecution if the representations were unsuccessful.
He said they had held consultations with Bam, who provided them with the representations and two responses from the NPA.
In a statement by AfriForum, Nel said they were flabbergasted that two letters with an interval of four months between them indicated nothing other than a duplication of the same answer.
“The evidence in the case docket provides overwhelming evidence in support of our client’s complaint of corruption.
“We sincerely hope not, but we cannot avoid concluding that the NPA’s failure to take a decision is based more on the ‘management’ of the political implications and consequences of such a decision than a duty to prosecute without fear favour and prejudice.
“It is ironic that the NPA would criticise accused persons for using the Stalingrad defence as a tactic while doing everything possible to avoid prosecuting cases where political influences are at play.
“In doing so, the NPA has regrettably failed to overcome the historical and ongoing criticism that the NPA cannot shake itself free of its shortcomings.
“Any expectation by law-abiding citizens to rely on the NPA offers no hope of turning the tide against corruption and crime,” Nel said.
Both Mabuyane and Madikizela declined to comment on Tuesday.
ANC spokesperson Gift Ngqondi had not commented by the time of publication.
Eastern Cape NPA spokesperson Luxolo Tyali had also failed to respond to written questions by print deadline.
Daily Dispatch
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.