Private Prosecution Unit sets its sights on Eastern Cape Premier Oscar Mabuyane

AfriForum’s Private Prosecution Unit has been briefed to consider prosecuting Eastern Cape Premier Oscar Mabuyane and other senior state officials in a multi-million rand corruption case after the National Prosecuting Authority (NPA) decided not to prosecute. The unit represents Lonwabo Bam, the businessman at the centre of a corruption scandal, who personally and unlawfully distributed funds paid into his company account. The case is related to, amongst other, transport arrangements for the funeral of Winnie Madikizela-Mandela.

Bam, the erstwhile Director of Mthombeni Projects, opened the case in April 2019 wherein he alleged that he was paid funds from the provincial government despite providing no services in return. He alleges he was then instructed to disburse the funds to several companies. These allegations and the facts surrounding them have been in the public domain since October 2021 and the subject of numerous media investigations. 

Bam alleges that Babalo Madikizela, the Eastern Cape’s former Head of Public Works, instructed him to submit a forged invoice to Luvuyo Mahlaka, the Municipal Manager of Mbizana Local Municipality, amounting to R1,1 million. After the funds were deposited into his business account, Bam alleges that he received further instructions to pay funds to several other accounts. It is alleged that Mabuyane received R450 000 that he used to pay for renovations on his private house; that Madikizela was paid R350 000 via a company owned by his wife; and R280 000 was paid into the ANC’s fundraising account.

The Public Protector investigated the allegations and referred the matter for further investigation, however in February 2023 the Eastern Cape High Court set aside the Public Protector’s report on technical grounds relating to exceeding the office’s jurisdiction. Subsequently, the Eastern Cape Director of Public Prosecution declined to prosecute the case. Bam approached the Private Prosecution Unit when the NPA failed to make a decision on his representations that the decision be reconsidered.

In a letter to the NPA, Advocate Gerrie Nel, Head of the unit, says there is overwhelming evidence and a compelling case for prosecution. “We do not share the prosecutor’s view that the evidence does not justify any criminal prosecution. We cannot avoid concluding that the NPA’s failure to make a decision is based more on the political implications and consequences of such a decision, than a duty to prosecute without fear favour and prejudice.

“It is ironic that the NPA would criticise accused persons for using the Stalingrad defence as a tactic while doing everything possible to avoid prosecuting cases where political influences are at play. In doing so, the NPA has regrettably failed to overcome the historical and ongoing criticism that the NPA cannot shake itself free of its shortcomings. Any expectation by law-abiding citizens to rely on the NPA offers no hope of turning the tide against corruption and crime,” says Nel.

The unit has urged the NPA to give the matter appropriate attention and allay any fears that politicians implicated in serious corruption are shielded from prosecution.