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Four months ago, the National Prosecuting Authority (NPA) informed AfriForum’s Private Prosecution Unit that the case against Eastern Cape Premier Oscar Mabuyane had not been closed; the Hawks had rather been directed to conduct additional investigations to address gaps in evidence. Responding to a letter from AfriForum’s Private Prosecution Unit, the Hawks this week rejected this version, revealing that when the province’s Director of Public Prosecutions (DDP) initially decided not to pursue the case, there was no indication that further investigation was necessary.

The Hawks go on to say that their investigators wrote to the DPP to request that the decision not to prosecute be reconsidered, but this was ignored, and they were never informed of additional evidence that needed to be gathered.

A Major General in the Hawks stressed that “at no stage was it ever communicated to the Directorate for Priority Crime Investigation (DPCI) that there are outstanding investigations into the matter. Had there been such communique, such investigation would have been followed and completed”.

In a letter to Adv. Shamila Batohi, National Director of Public Prosecutions (NDPP), Adv. Gerrie Nel, Head of the Private Prosecution Unit, noted the coincidence of this development occurring while she is testifying at a Commission of Inquiry into another DPP’s fitness to hold office. 

“This matter must be the clearest and most callous sheltering of politically connected individuals from prosecution. The Eastern Cape’s DPP’s shameless and disingenuous masking of the identified person, highlights the irrationality of the decision not to prosecute, and to our mind cast serious doubt on the integrity of the office of the Eastern Cape DPP and individuals involved in this matter. Not only has our client been deceived, but so too has the Eastern Cape DPP deceived [the office of the National Director of Public Prosecutions (NDPP)],” says Nel.

The Unit represents Lonwabo Bam, the businessman at the centre of a corruption scandal and who allegedly personally distributed funds unlawfully into his company account and provided benefits to several politicians, allegedly including Mabuyane. The case is related to, amongst others, transport arrangements for the funeral of Winnie Madikizela-Mandela.

“It is a shameful, absolutely embarrassing and damning indictment of the NPA that the DPCI, in response to our letter, approached the NPA to seek ‘clarity on whether any investigation was to be done’. Following the Nkabinde Inquiry, we are duty-bound to indicate that the disingenuous blaming of the SAPS’ failure to finalise the investigation must, at a minimum, have brought the NPA’s name into disrepute. We implore [the NDPP] to not only act on the information provided, but also to take decisive action to have the decision reviewed and referred to prosecutors with integrity who will not find excuses to conceal their irrational decision,” concludes Nel. 

The Unit is resolute that there is a strong case against Mabuyane and others, but if the state refuses to hold them accountable, the unit will launch a private prosecution.

Issued by AfriForum