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The Special Investigating Unit (SIU) believes that it has a prima facie case against ANC MP Yolanda Botha relating to the improper or generally corrupt relationship between Ms Botha and Trifecta Investment Holdings. The SIU has handed over the docket in this case to the National Prosecution Authority (NPA) for further action and possible criminal prosecution.

This was confirmed to me by the investigating officer in the matter.

In August 2011, Parliament’s Ethics Committee unanimously recommended that the strongest possible sanction must be taken against Ms Botha after she failed to declare her business interests and wilfully misled Parliament concerning kickbacks that she received from a business venture. Three months later, the ANC-dominated Ethics Committee adopted a watered-down version of the report and allowed her to get away with a small fine and a reprimand.

However, section 34 of the Prevention and Combating of Corrupt Activities Act (Act 12 of 2004) places on people of authority, including Members of Parliament, an obligation to report suspected corrupt or fraudulent activities. On 18 November 2011 I therefore proceeded to lay charges against Miss Botha at the Cape Town Central Police station (case number 1137/11/2011).

As there were also serious concerns around Ms Botha conduct whilst serving as the head of the Northern Cape Department of Social Development, and her reported links to property group Trifecta Investment Holdings, which she awarded contracts worth more than R50 million for office space leases, the case was transferred to Kimberley (ref. no. CAS 941/11/2011.) The case was investigated by the SIU and these investigations have now been concluded.

We welcome the decision to refer this matter to the NPA.

However, I have submitted questions for written reply to the Minister of Justice to probe progress by the NPA on this matter. Recent developments in KwaZulu-Natal, where charges against senior ANC political office bearers have been withdrawn, are extremely worrying and suggest political interference in decisions of the NPA.

We trust that the NPA will act without fear or favour in this case, despite its political undertone. This case must be decided on its merits and the NPA must proceed with criminal charges if it is deemed to be appropriate.