Decision not to charge Mbalula was ‘shocking’

FORMER public protector advocate Busisiwe Mkhwebane said it was “shocking” that the National Prosecuting Authority (NPA) declined to prosecute ANC secretary-general Fikile Mbalula on allegations of money laundering after he received a loan from a supplier to the SA Sports Confederation and Olympic Committee (Sascoc).

Sedgars Sports, a sports clothing manufacturer owned by the Dockrat family, paid for the family holiday when Mbalula was sports minister in 2016, and he subsequently took his family on holiday to Dubai.

Last year, IOL reported that the NPA said it would not prosecute Mbalula over the money laundering claims.

“This is in relation to the public protector's report released on December 19, 2019, that the NPA should look into the allegations that Sedgars Sports funded the Mbalula family holiday to Dubai between December 2016 and January 2017,” NPA spokesperson Lumka Mahanjana said at the time.

This week, AfriForum's private prosecution unit insisted that Mbalula has a case to answer to, and in a “significant step” towards privately prosecuting him, the unit has collected the docket from the SAPS headquarters after filing a Promotion of Access to Information Act (PAIA) application.

“The unit is even more convinced that Mbalula has a case to answer to. After a cursory inspection of the evidence, 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,” said Barry Bateman, spokesperson for the AfriForum specialised unit.

On Friday morning, Mkhwebane told broadcaster Newzroom Afrika that the NPA decision not to prosecute Mbalula had raised eyebrows.

“It was shocking to discover that the National Prosecuting Authority decided not to prosecute because there was evidence which we relied on as the public protector that Mr Mbalula received that free donation, which he later turned into a loan. That was also paid in cash, and we were questioning the R150000 cash which he paid to a travel agent. He was alleging that he is paying back R680000 which he got from Sedgars, the company which paid for his family trip,” said Mkhwebane.

Her investigation as the then public protector into Mbalula's vacation in 2016 found that it was inappropriate for Mbalula to have entered into a “loan agreement” with Yusuf Dockrat, director at Sedgars, which supplies sports apparel to Sascoc.

Mkhwebane, who now serves as an EFF MP, said the NPA should have probed whether the money which took the Mbalula family to Dubai was not the proceeds of crime, or if money laundering was committed.

Last year, the NPA's Mahanjana said a case was opened at the Brooklyn police station. “After police investigations … a decision to decline to prosecute anyone in this matter was taken as there is no evidence supporting allegations of criminal activity,” Mahanjana said. |