Eastern Cape Premier Oscar Mabuyane and Public Works MEC Babalo Madikizela will know by September if they will be prosecuted for the alleged theft of R1.1-million meant for the memorial service of late struggle veteran Winnie Madikizela-Mandela.

On Thursday, the Director of Public Prosecutions (DPP) in the Eastern Cape, Barry Madolo, told News24 the case, which was opened by the Economic Freedom Fighters (EFF) on 11 October 2021, was still under investigation.

According to Madolo, the public will know by September whether the NPA will add the matter to the court roll for prosecution.

Speaking on the sidelines of a media conference in East London on Thursday, Madolo said:

The matter is still under investigation, but there is a meeting that we will be having maybe in two weeks' time to do final touches on the matter. We will make a decision by September. It will be known.

EFF chairperson in the Eastern Cape Yazini Tetyana marched to the Bhisho police station last year and opened a case against Mabuyane and Madikizela, claiming that they had committed theft, fraud and corruption.

This was days after Public Protector Busisiwe Mkhwebane released a report which found that the politicians had benefitted from about R1.1-million, which was meant for the memorial service of Madikizela-Mandela.

The provincial Department of Sport, Recreation, Arts and Culture paid the money to the Mbizana Local Municipality to help transport members of the public to the service.

But Mkhwebane had found that R450 000 of the money went towards renovations at Mabuyane's Bunkers Hill home in East London.

She noted that the money was paid into the account of a private architecture firm.

When the firm's owner enquired about the mystery payment, he was allegedly informed by Mabuyane's wife, Siyasanga, via email that it was for renovations to their private home.

Mkhwebane also found that Madikizela had benefitted to the tune of R350 000.

The money was allegedly paid into the FNB account of IPM Plant Hire CC – a private company owned by his wife, Zona Zetu Siyazithanda Madikizela. Babalo Madikizela is a relative of Madikizela-Mandela from Mbhongweni village in Mbizana.

About R288 000 was paid into the African National Congress's (ANC's) fundraising account, Mkhwebane found.

On Thursday, Tetyana lashed out at the NPA and the ANC.

"We have no faith in the NPA. Whatever decision they take, it's influenced by ANC politics. It's our view that these people should have long been arrested for having looted state resources belonging to our people," Tetyana said.

Approached for comment, ANC provincial secretary Lulama Ngcukayitobi said Tetyana's comments were simply hot air.

Eastern Cape police could not immediately comment on the progress of the investigation. Their comment will be added once received.

In October, the Eastern Cape High Court in Bhisho ruled in favour of Mabuyane and Madikizela, who had made an urgent application to suspend the implementation of the remedial action listed in the Public Protector's report.

The two politicians told the court they would suffer irreparable damage if the remedial action were implemented.

They approached the court to interdict Mkhwebane's remedial action pending a review application to set aside the report in its entirety.

Madolo said the case was ongoing and that the NPA was finalising the matter.