Lobby group AfriForum said the National Prosecuting Authority’s (NPA’s) failure to prosecute African National Congress (ANC) secretary general Fikile Mbalula is either a case of “selective prosecution, or rank incompetence”. 

The case relates to Mbalula’s R680 000 holiday to Dubai in 2016, that was partially paid for by Sedgars Sport director Yusuf Dockrat, which was at the time a supplier to the South African Sports Confederation and Olympic Committee.

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.

AfriForum’s Private Prosecution Unit spokesperson Barry Bateman said a comprehensive study of the case docket against Mbalula was made by the unit.

He argued that despite investigative shortcomings, there is sufficient evidence to charge Mbalula, and possibly his alleged benefactors, with corruption and money laundering.

Bateman highlighted that 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 South African Police Service (Saps) failed to properly investigate the source of the R380 000 cash that was used to settle the remainder of the debt,” Bateman said.

He noted that 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.

AfriForum’s Private Prosecution Unit head advocate Gerrie Nel said 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,” he said.

He pointed out that the aspects of the investigation that have not been investigated are “stark”, and said a “dedicated and competent investigator or prosecutor cannot overlook their significance”.

Among the submissions is State's acceptance of Mbalula's defence that the funds he received from the Dockrat were a “loan”.

Nel explained that a loan falls within the definition of a gratification under the Preventing and Combating of Corrupt Activities Act.

Bateman said 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, with Bateman pointing out that 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.