Prosecutor will act where state has failed

Star prosecutor Gerrie Nel’s move to AfriForum is aimed at benefiting all South Africans, writes

THE announcement that Gerrie Nel had left the National Prosecuting Authority and had been appointed head of AfriForum’s newly established private prosecuting unit created diverse public reactions.

There was great excitement that Nel’s expertise and AfriForum’s resources would call to account corrupt people who are not prosecuted by the state.

In contrast, another group reacted with disbelief and outrage at Nel’s decision to join what they (in my opinion incorrectly) perceive to be a right-wing organisation. Some even held that AfriForum’s prosecution of corrupt people would be seen as an attack of “white people on black people”.

As if all black people are corrupt or comfortable with the corruption that bedevils society!

Most people in this country — black and white — view corruption as a cancer that must be eradicated, and welcome efforts to do so.

Many South Africans, for instance, are rightfully upset by the tragic events in which at least 94 psychiatric patients died after being moved to badly managed facilities, and there is a fair expectation that those responsible should be brought to justice.

For those who doubt AfriForum and Nel’s motives, I state unequivocally: it is a sincere attempt to target corruption and unfairness without fear, favour or prejudice and to the benefit of all South Africans.

AfriForum and Nel agreed that he should not concern himself with political matters. He will have to stand before a judge as a prosecutor, not as an activist who drives a political agenda.

The unit will act as a watchdog in cases where the state lets the people down.

An aggrieved person will have to report a case to the police first, who will conduct a criminal investigation. The docket will then go to the NPA, which will decide whether to prosecute.

If the NPA refuses to prosecute, the person can approach AfriForum’s prosecution unit. The unit will procure a nolle prosequi certificate, stating the NPA will not prosecute.

If AfriForum decides there is a prima facie case of sufficient importance, it will be able to prosecute in the normal way, with Nel as prosecutor.

As with last year’s historic Rochelle Naidoo murder conviction, it will be a criminal case, but pursued by a private prosecutor. AfriForum would have to stand surety for legal costs in case it lost the case.

Nel invited those who are doubtful about his new job to keep an eye on the unit and make an informed judgment in a year.

When the unit’s team is announced and the first cases are revealed, those who want to portray AfriForum as exclusivist and divisive will have to eat their words.

The establishment of the unit represents a hand of friendship that AfriForum extends to law-abiding South Africans irrespective of race, and an invitation to co-operate against corrupt people — white and black.

Attempts to misrepresent AfriForum as acting only in Afrikaner interests, to the detriment of all others, are malicious. Although rooted in the Afrikaans community, its beneficiaries increasingly represent all South Africans.

Those who discredit AfriForum ignore the many examples when AfriForum’s actions served wider interests than only those of minorities.

AfriForum supported the (black) members of the Wallmansthal Communal Property Association and paid the legal fees to evict those who had occupied their land.

AfriForum’s community safety projects serve everyone’s interests, and the organisation works with taxi associations, the SAPS and other role-players.

When AfriForum tries to prevent Eskom from disconnecting law-abiding citizens’ electricity, we do not only fight on Afrikaners’ behalf. When we test drinking water quality, repair potholes and clean up dumping sites, it is in everyone’s interest.

Corruption affects everybody. Poor black people who depend on the public purse are probably hit worst if corrupt people loot state resources.

There is no question that AfriForum’s private prosecuting unit will be to everyone’s benefit. (Except, of course, corrupt people!)

AfriForum believes that private prosecution is the right thing to do and invites everyone who wants to see an end to corruption to accept our hand of friendship.

Kriel is CEO of AfriForum