Nel’s move is curious

THE resignation of one of South Africa’s top prosecutors, Gerrie Nel, to head a private prosecutions team at AfriForum poses interesting challenges for the organisation and the country.

Although the Criminal Procedure Act allows for private prosecutions in cases where the National Prosecuting Authority refuses to act, aligning himself with an organisation perceived to be concerned only with the rights of white people could damage Nel’s reputation.

AfriForum, linked to the Solidarity trade union, was formed in 2006 with the stated objective of “encouraging the participation of minority groups such as Afrikaners in public debate and civil actions”.

The organisation has continually criticised government for not declaring farm murders a priority crime, and, in turn, drew criticism from black political parties for allegedly demanding preferential treatment for whites.

Political analysts have accused the organisation of overreacting to the situation regarding minority rights in South Africa. One even argued that the premise of the organisation’s campaigns was one of victimhood.

In 2010 AfriForum’s legal team represented farmers in Zimbabwe and won a court bid to sue Zimbabwe’s government over its expropriation of white farms, especially those owned by South Africans.

Two years earlier, the SADC tribunal had ruled that Zimbabwe’s land reform was illegal and that those who had lost their farms through expropriation had the right to compensation.

Private prosecutions may prove a different cattle of fish altogether. This is because the law limits people who can launch or conduct a private prosecution to those who can prove personal injury.

In the corruption cases that AfriForum aims to pursue against acting police commissioner Khomotso Phahlane‚ Hawks head Berning Ntlemeza and SA Airways board chairwoman Dudu Myeni, Nel’s team will have to prove that as individuals they have suffered personal injury.

Nel told the media that his team would focus on ensuring that corruption cases that were unreasonably withdrawn are prosecuted.

The success of private prosecutions may, however, give South Africans renewed hope that they are no longer powerless against corrupt politicians. However, the beneficiaries of corruption may accuse Nel and AfriForum of attempting to create a parallel justice system.

Politically, the continued focus on minority rights protection may also diminish the impact of the organisation’s noble campaign in the eyes of the majority who continue to perceive the organisation as solely existing to preserve white privilege.