Civil rights organisation AfriForum on Thursday announced that Advocate Gerrie Nel’s Private Prosecution Unit will seek to prosecute former South African Revenue Service commissioner Tom Moyane on charges of assault with the intent to cause grievous bodily harm, as well as damage to property.

Speaking at a media briefing in Gauteng, Nel explained that the organisation received a nolle prosequi certificate to prosecute Moyane on behalf of Lerato Maila, who is the mother of Moyane’s grandchild and was, at the time of the incident, in a relationship with Moyane’s son.

Maila claimed Moyane assaulted her in May 2018 at his house in Roodepoort by scratching her on her abdomen, pushing her around and kicking her in the face.

“Moyane also threw her cellphone into pieces against the wall before the alleged attack when he realised that she had been recording him. Maila phoned her mother immediately after the alleged attack, who told her to lay charges at the South African Police Services (Saps),” explained Nel.

The National Prosecuting Authority (NPA) had dropped their investigation into the matter, citing a lack of evidence.

Nel claims the organisation was approached by a member of the community to pursue a private prosecution.

“In light of the wave of violence against women and children in the country, this is a very important case in which AfriForum’s Private Prosecution Unit simply must get involved. Such alleged actions are indicative of bullying and Moyane should be held accountable. The NPA’s failure to prosecute him is also a gross violation of their constitutional duty to strive for justice in society,” cited Nel.

A formal date for Moyane's appearance in the Roodepoort Magistrates Court has not been set.

However, Nel says it will be before the expiration of the certificate on December 26.

MALEMA ALSO IN HOT WATER

Nel also announced that his unit had served the NPA and the Minister of Justice Ronald Lamola with a mandamus application, to compel the NPA through the court to take a decision on the prosecution of Economic Freedom Fighters (EFF) leader Julius Malema for corruption, money laundering and racketeering related to the On-Point Engineering scandal.

Nel said the NPA has delayed by more than a year taking a decision on prosecuting Malema.

Meanwhile, AfriForum has successfully pressured the NPA into prosecuting Malema on two other charges – assault and discharging a firearm in a built-up area in the presence of 16 000 people.

The NPA confirmed in September this year that it would be prosecuting Malema and EFF spokesperson Mbuyiseni Ndlozi for the alleged assault of an Saps colonel.

Nel said Malema will be appearing in the Randburg Magistrate’s court in Johannesburg, on November 20 on charges of assaulting a senior police officer and he will also appear in the Mdantsane Magistrate’s court in the Eastern Cape on charges of the negligent firing of a firearm and the illegal possession of a firearm and ammunition.

AfriForum CEO Kallie Kriel says that the prosecution of Malema on two charges is not only a victory for AfriForum, but for everyone who believes in the principle of equality before the law.