The NPA is still bending to every political breeze
The announcement by AfriForum that it is seeking a nolle prosequi — the formal dismissal of charges needed before a private prosecution may proceed— so that it can pursue corruption and money-laundering charges against Julius Malema relating to his role in the awarding of state contracts by the Limpopo government, has again highlighted the importance of a prosecuting authority that acts without fear or favour. The lobby group wants to prosecute Malema in relation to allegations that he received bribes from companies doing business with the state, through a company linked to his family trust. Malema’s Ratanang Family Trust holds shares in On-Point Engineering, an entity appointed by the Limpopo department of public works, roads and infrastructure to advise on contracts awarded by the provincial department. AfriForum laid charges against Malema in 2011 but the case was struck of the roll in August 2015 after one of the co-accused could not attend the hearing due to illness.
Now, almost three years later, AfriForum wants to privately prosecute Malema. The move has been criticised by many who dismiss it as politically motivated — targeting Malema because of the EFF’s stance on land. Others have raised issues with the initial decision to prosecute him, arguing that it, too, was politically motivated. At the time, they argue, Malema was a powerful politician in the ANC and was starting to annoy Jacob Zuma, who was then president of the ANC. It is difficult to argue against both these claims because we have seen the impact politics has had on prosecutorial decisions.
Take this week’s decision to prosecute Zuma’s son Duduzane for the death of Phumzile Dube. The NPA had, until this week, flatly refused to prosecute him, even when a judicial inquest found that there was prima facie evidence that his negligent driving led to Dube’s death.
It is unfortunate that South Africans are still waiting to enjoy the benefits of an NPA that is free from political influence. The NPA, since its inception, has been eroded by scandals and allegations that its senior prosecutors are aligned to different camps in the ANC, and that this often influences prosecutorial decisions.