Enough evidence to prosecute Fikile Mbalula for alleged corruption and money laundering

The National Director of Public Prosecutions (NDPP) is considering the case put forward by AfriForum, which alleges that there is sufficient evidence to charge ANC Secretary General Fikile Mbalula with corruption and money laundering.

This is according to a response from the National Prosecuting Authority (NPA) when asked for comment about AfriForum’s call for it to reconsider prosecuting Mbalula.

The matter concerns Mbalula’s family trip to Dubai in 2016, while he was Minister of Sport and Recreation, which cost him R684,000, a sum he did not contribute towards.

It is not that Mbalula did not pay for the trip that caused controversy, but rather who helped him to settle the bill with travel agency Munlin Travel.

Yusuf Dockrat, who was a director at Sedgars Sports at the time, is alleged to have contributed R300,000 towards the outstanding amount.

Sedgars Sports, which sells sports apparel and equipment, was a service provider to the SA Sports Confederation and Olympic Committee at the time.

However, Mbalula later argued that the sum Dockrat paid towards the outstanding amount was a loan that he was paying back with interest.

According to AfriForum, which has gained access to the case docket, the South African Police Service (SAPS) failed to properly investigate how the remaining debt was settled.

“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 NDPP,” AfriForum says.

The organisation also says that the docket contains evidence that Boxing SA CEO Tsholofelo Lejaka contributed towards Mbalula’s bill, first by personally paying R150,000 in cash and having his secretary pay two sums of R75,000 each.

The question is whether the sums of money received by Mbalula for his family holiday in Dubai constitute gratification.

Gratification in the legal context refers to any benefit or gift that a person receives that may influence their conduct.

“We believe the representations are comprehensive and make out a clear case of corruption and money laundering,” AfriForum Private Prosecutions Unit Communications Manager Barry Bateman told Newsday.

“A draft charge sheet was included in the docket – a prosecutor was prepared to prosecute. What changed? We will consider a private prosecution if the National Director of Public Prosecutions declines to prosecute.”

AfriForum’s head of private prosecutions, Gerrie Nel, says that the NPA’s decision not to prosecute “is either selective prosecution or outright incompetence by the NPA and/or the SAPS.”

Mbalula hits back

Newsday reached out to Mbalula and the ANC to inquire about any new comments on the matter, but did not receive a response by the time of publication.

However, last week, Mbalula released a statement claiming that AfriForum’s allegations are part of an “endless political campaign disguised as legal activism.

He argued that the National Prosecuting Authority, Parliament’s Ethics Committee, the South African Police Service, and the Public Protector had concluded that there was no conflict of interest.

“It is therefore disingenuous for AfriForum to now embark on a sensational trial through media leaks and briefings; they are deliberately abusive with a vindictive agenda,” the ANC secretary general said.

“No person should be prosecuted through media leaks and narrow special interest groups.”

Mbalula’s statement was made just a few days after he told members of the ANC that there would be no support for those who face allegations of corruption.

Speaking on those implicated by the Madlanga Commission, he said that all “those mentioned will have the right to reply and an opportunity to clear their names in line with our constitutional values of fairness and justice.”

“No member of the ANC has ever been given a mandate to be corrupt. Any member who engages in corruption stands alone, outside the traditions, values and discipline of the ANC.”

He added that the party will never defend corruption and instead “expose it, confront it, and defeat it. Those who betrayed the people for personal gain will be isolated.”