Civil rights organisation AfriForum said it will use its comprehensive report on African National Congress (ANC) secretary general Fikile Mbalula to convince the National Prosecuting Authority (NPA) to prosecute him for alleged fraud, money laundering and corruption.

The organisation released its report detailing various claims of fraud, money laundering and corruption against Mbalula, titled the Mbalula Dossier, which also claims that Mbalula is exposing South Africa to US punitive measures through “defiant and insulting statements” against Western countries; lobbying for expropriation without compensation; and alleged liaison with Hamas.

AfriForum’s Private Prosecution Unit Advocate Gerrie Nel announced that he had written to newly appointed National Director of Public Prosecutions Advocate Andy Mothibi, requesting the NPA to reconsider the prosecution of Mbalula.

Nel claimed the NPA had been hesitant to prosecute Mbalula owing to his political position, despite AfriForum's assertion of a strong prima facie case that corruption, fraud and money laundering were committed in relation to the payment for a Dubai holiday that Mbalula and his family took in December 2016.

“No one should be immune from prosecution simply because they hold a senior position. Therefore, AfriForum will continue to consider private prosecution against Mbalula should the NPA decide not to prosecute him,” he said.

Nel also indicated that progress had since been made to prosecute Mbalula privately on a charge of crimen injuria for the public statements he made in which Jaco Pieterse, former principal of a school in Matatiele, was wrongfully identified as a child rapist.

The docket has already been obtained, Nel said.

AfriForum CEO Kallie Kriel said the Mbalula Dossier will also be used as a basis to try to convince the US not to “punish” South Africa, but rather to act against Mbalula using the US Magnitsky Act, which allows the US to impose visa bans and targeted economic sanctions on foreign individuals or entities involved in human rights abuses or significant corruption.

Kriel highlighted that AfriForum and the Solidarity Movement were “doing everything possible” to avert American punitive measures against South Africa in the interest of South Africans.

He claimed that Mbalula also made “insulting statements” against America’s newly appointed ambassador to South Africa Brent Bozell III, allegedly referring to him as a “drunk” and a “racist”, arguing that this hinders AfriForum’s efforts to “help normalise relations with the US”.

Kriel said Mbalula’s “reckless and radical” actions, which he believes are to garner support for the ANC and himself as the next ANC President, are affecting South Africa.

According to Kriel, Mbalula’s attempts to promote his own and the ANC’s interests for the sake of short-term political goals will fail.

“However, it will unfortunately succeed in bringing about international punitive measures on the country, which will lead to growing unemployment and poverty. “Mbalula does not care that his reckless actions harm ordinary people in the country, as he himself will selfishly continue to live in luxury and wear expensive designer clothes,” he said.

ANC RESPONDS

Meanwhile, the ANC “rejected with contempt” AfriForum’s Dossier, describing it as a politically motivated smear campaign that aims to isolate Mbalula.

The ANC described AfriForum as “a reactionary organisation that has long positioned itself as an enemy of transformation, nonracialism and the democratic will of the South African people”.

ANC national spokesperson Mahlengi Bhengu stressed that matters of law enforcement were handled within South Africa’s legal framework, and not by foreign governments at the behest of lobby groups.

The party accused AfriForum of being an “imperialist aligned pressure group” that attacked South Africa’s sovereignty by routinely seeking intervention from foreign powers.

“Its call for the United States to impose punitive measures against a South African, who is a leader of the democratically elected governing party is not only reckless, but an affront and direct attack on our sovereignty.

“This is the conduct of an organisation that has abandoned any pretence of patriotism and has chosen instead to act as a proxy for external interests that are hostile to South Africa’s transformation agenda,” Bhengu averred.

She said the dossier was being used to discredit ANC leadership and Mbalula.

“The ANC said it will not be intimidated by organisations that seek to weaponise foreign policy instruments such as the Magnitsky Act to settle domestic political scores,” she stressed.

The ANC reaffirmed its full confidence in Mbalula and party leadership.