AfriForum’s private prosecution unit will consider going after Eastern Cape premier Oscar Mabuyane and others in a multimillion-rand corruption case after the National Prosecuting Authority (NPA) declined to prosecute.
The unit is representing former Mthombeni Projects director Lonwabo Bam, who is at the centre of the allegations.
Mabuyane, who declined to comment on Tuesday, had been accused of irregularly and improperly benefiting from money spent on the memorial service for Winnie Madikizela-Mandela in Mbizana in 2018.
He was alleged to have benefited from R450,000, while ANC national executive committee member Babalo Madikizela was accused of receiving R350,000.
Both Madikizela and Mabuyane previously denied any wrongdoing.
Mabuyane, at the time, said he had approached Madikizela for a fixed loan.
The allegations were levelled in 2019, but NPA regional spokesperson Luxolo Tyali said in late 2024 that there was insufficient evidence to proceed with a prosecution.
In 2019, Bam said he had submitted an invoice for R1.1m to the Winnie Madikizela-Mandela Local Municipality in respect of the memorial service, which took place in 2018.
According to Bam, the invoice falsely indicated that he had provided transportation services for mourners.
He alleged that Madikizela had instructed him to submit the invoice to the municipality.
This led former public protector Busisiwe Mkhwebane — later impeached by the National Assembly after multiple adverse findings by judges against her reports — to investigate how the money to transport mourners to the memorial service had been spent.
The second part of her probe was whether R2.2m paid by Key Spirit Trading 218 CC to Mthombeni Projects had originated from public funds for the benefit of government officials and others.
After Mkhwebane finished her investigation in 2021, she published her first report in which she recommended that remedial action be taken, stating that the allegations against Madikizela and Mabuyane were largely criminal in nature.
She recommended that the Hawks consider launching a criminal investigation, which could have led to disciplinary action being taken by the ANC against both men.
However, in 2023, Bhisho High Court judge Jannie Eksteen set aside Mkhwebane’s report and ruled it was inconsistent with the constitution.
In a statement, AfriForum said allegations had been in the public domain since October 2021.
“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.
“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, head of the AfriForum unit advocate Gerrie Nel said there was 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.”
The Herald
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