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Despite the Eastern Cape’s Director of Public Prosecution’s (DPP) decision not to prosecute the province’s Premier, Oscar Mabuyane, the head of the National Prosecution Service (NPS) says the case has been reopened and referred back to the police for further investigation. But AfriForum’s Private Prosecution Unit is not buying it and has flagged it with the National Director, Adv. Shamila Batohi, as another attempt to shield the politician from prosecution.

The 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. The unit represents Lonwabo Bam, the businessman at the centre of a corruption scandal and who personally distributed funds unlawfully paid into his company account. The case is related to, amongst others, transport arrangements for the funeral of Winnie Madikizela-Mandela. 

In a letter dated 22 July 2025 from Adv. Sibongile Mzinyathi, the head of the NPS, said after the DPP of the Eastern Cape made the decision not to prosecute, an advisory panel identified shortcomings and instructed the investigating team to further investigate. “To date, the prosecution is still awaiting feedback in this regard. Consequently, the DPP will have to decide on the matter before a review process can be pursued by this office.”

In his letter to Batohi, Adv. Gerrie Nel, head of AfriForum’s Private Prosecution Unit, states that during consultations with Bam, it became clear that there had been no communication between the investigating team and the NPA regarding “further investigation” since the nolle prosequi decision on 7 November, 2023. “If we are correct, the current excuse that ‘the investigating team was subsequently given several instructions to carry out in order to close the gaps identified (and) to date the prosecution is still awaiting feedback in this regard”, is an afterthought and an attempt to mask the clear political motive in the failure to prosecute.

“It will become clear later, but you are urged to establish when this ‘further investigation’ was requested. If only done now, subsequent to our inquiry, it is a sleight of hand to prevent a proper ‘without fear or prejudice’ analysis of the facts. The DPP’s current response suggests an overly hasty decision not to prosecute based on an incomplete investigation. Again, we are convinced that the ‘various engagements between the prosecution and investigating team’ occurred after our letter, if at all.

“We share our client’s view that the DPP: Eastern Cape has clearly indicated an unwillingness to prosecute. The referral of the matter back to his office causes an additional delay, which benefits the suspects in this case,” said Nel. 

The Private Prosecution Unit will continue to engage with the authorities to ensure this uncomplicated case is enrolled and prosecuted. 

AfriForum Communications Manager: Private Prosecution Unit Barry Bateman