NPA’s decision not to prosecute Mbalula for corruption is “patently irrational”

After a comprehensive study of the case docket against ANC Secretary General Fikile Mbalula, AfriForum’s Private Prosecution has concluded that the failure to prosecute him is either a case of selective prosecution, or rank incompetence.  This is one of the submissions the unit has made to the National Director of Public Prosecutions, Adv. Shamila Batohi, arguing that, despite investigative shortcomings, there is sufficient evidence to charge Mbalula, and possibly his alleged benefactors, with corruption and money laundering.

The case relates to Mbalula’s R680 000 holiday to Dubai in 2016, that was partially paid for by Yusuf Dockrat, a director of Sedgars Sport, which was at the time a supplier to the South African Sports Confederation and Olympic Committee (SASCOC). Mbalula’s and the department’s dealings with the company dates back to his first year as the Minister of Sport, when Sedgars sponsored the 2011 SA Sports Awards.

Mbalula and Dockrat have denied wrongdoing, saying the R300 000 used to settle Mbalula’s debt with the travel agency was a “loan”. However, it appears that the SAPS failed to properly investigate the source of the R380 000 cash that was used to settle the remainder of the debt. The evidence in the case docket shows cash was handled by a sporting federation boss, and funds were transferred to Mbalula by the businessman husband of a Deputy National Director of Public Prosecutions.

Adv. Gerrie Nel, head of the unit, says the submission is comprehensive. “Our representation is based on the NPA’s lack of understanding of the elements of corruption, which leads to the conclusion that the decision-maker was dealing with either selective prosecution or outright incompetence by the NPA and/or the SAPS to investigate the alleged crime. The aspects of the investigation that have not been investigated are stark, and any dedicated and competent investigator or prosecutor cannot overlook their significance,” he said.

Among the submissions relates to the state’s inexplicable acceptance of Mbalula’s defence that the funds he received from the Dockrat were a “loan”. A loan falls squarely within the definition of a gratification under the Preventing and Combating of Corrupt Activities Act (PRECCA).

Barry Bateman, spokesperson for the unit, says Mbalula only repaid the “loan” after the media started asking questions about the trip and how it was funded. The source of the remainder of the funds was not properly investigated. “The docket contains evidence that, Tsholofelo Lejaka, the head of Boxing South Africa, hand delivered R150 000 cash to the travel agency to settle Mbalula’s debt, while Lejaka’s office secretary made two R75 000 cash deposits into the agency’s account on his instruction.

“The origin of the R300 000 cash was not investigated, but the evidence indicates that it did not emanate from Mbalula. The remaining debt was paid with a cash deposit at the OR Tambo International Airport FNB branch. The source of these funds was also not investigated,” said Bateman.

Mbalula recently addressed delegates at an ANC Youth League event about dishonest and thieving politicians. “Gone are the days when a comrade was accused of corruption, and we sang along with him or her on the way to court. The ANC has resolved to fight against corruption,” he said.

Bateman says: “If the state does its job and prosecutes Mbalula without fear or favour, Mbalula might find himself walking to court alone.”