AfriForum’s Private Prosecution Unit (PPU) has urged the National Prosecuting Authority (NPA) to give corruption cases appropriate attention and allay fears that politicians implicated in serious corruption are shielded from prosecution.

The unit said it was briefed to consider prosecuting Eastern Cape Premier Oscar Mabuyane and other senior State officials in a multimillion-rand corruption case after the NPA decided not to prosecute.

The unit is representing erstwhile Mthombeni Projects director Lonwabo Bam, who “personally and unlawfully” distributed funds paid into his company account, after he was instructed to disburse the funds to several companies.

The case is related to, amongst others, transport arrangements for the funeral of Winnie Madikizela-Mandela.

Bam opened the case in April 2019, alleging that he was paid funds from the provincial government despite providing no services in return.

He claims he was then instructed to disburse the funds to several companies.

“These allegations and the facts surrounding them have been in the public domain since October 2021 and the subject of numerous media investigations,” said the unit.

Bam alleged that Eastern Cape Public Works former head Babalo Madikizela instructed him to submit a forged invoice to the municipal manager of Mbizana local municipality Luvuyo Mahlaka for R1.1-million.

It is alleged that Mabuyane received R450 000, which he used to pay for renovations on his private house; Madikizela was paid R350 000 via a company owned by his wife; and R280 000 was paid into the African National Congress’s fundraising account.

In a letter to the NPA, PPU head Advocate Gerrie Nel, said there was overwhelming evidence and a compelling case for prosecution.

“We cannot avoid concluding that the NPA’s failure to make a decision is based more on the political implications and consequences of such a decision, than a duty to prosecute without fear favour and prejudice,” he said.

The Public Protector investigated the allegations and referred the matter for further investigation, however in February 2023 the Eastern Cape High Court set aside the Public Protector’s report on technical grounds relating to exceeding the office’s jurisdiction.

Subsequently, the Eastern Cape Director of Public Prosecution declined to prosecute the case.

Nel said it was ironic that the NPA would criticise accused persons for using the Stalingrad defence as a tactic while doing everything possible to avoid prosecuting cases with political influences.

“…in doing so, the NPA has regrettably failed to overcome the historical and ongoing criticism that the NPA cannot shake itself free of its shortcomings. Any expectation by law-abiding citizens to rely on the NPA offers no hope of turning the tide against corruption and crime,” he added.