ActionSA Initiates First in a Series of Private Prosecutions

26 October 2020

ActionSA is proud to announce that we have initiated the first in a series of private prosecutions. We have initiated these private prosecutions, fulfilling the first step which is to require the NPA to issue the nollie prosequi certificates that will empower ActionSA to prosecute these matters on behalf of the South African people.

Included in this round of prosecutions are Mayor Geoff Makhubo, former MMC of Housing Dan Bovu, former municipal employee MbaliMaclare and Mike McChesney along with mine management at Lily Mine.

Of interest, is that the NPA in Gauteng has already written back to confirm that they will not be pursuing cases against Bovu and Maclare and have made the startling admission that neither the NPA nor the HAWKS have any record of the criminal case lodged against Makhubo. This is in spite of my laying of criminal charges against both Makhubo and Parks Tau on 10 December 2018 at the Johannesburg Central Police Station, view here.

Our legal team has now written to the NPA to apply for the nollie prosecqui certificates in the cases against Bovu and Maclare and will proceed to engage the NPA and law enforcement agencies as to how the criminal case into Geoff Makhubo has gone missing.

While the NPA in Mpumalanga were given until close of business today, 26 October 2020, to respond in respect of the Lily Mine matter, it should be noted no response was received at the time of the release of this statement. Should the NPA in Mpumalanga adopt this kind of approach to this issue, ActionSA will be willing to exercise its legal rights fully.

Mayor Geoff Makhubo, first as an office bearer in the ANC and later as the MMC of Finance, was the owner of Molelwane Consulting, a firm hired by the Gupta-linked Regiments Capital to allegedly manage relationships and influence with the City of Johannesburg. This related to the multi-billion rand sinking fund managed by Regiments Capital. Makhubo during this time, allegedly earned a minimum of R30 million from this arrangement, for allegedly managing relationships with the City of Johannesburg, while serving as the MMC of Finance. Investigation reports revealed how Regiments Capital emailed a ‘cheat-sheet’ to Makhubo, as part of this role in allegedly managing the relationship with the City, including a shopping list of decisions that Regiments required the City of Johannesburg to make to their financial benefit. Shortly thereafter, a subsidiary of Regiments Capital was given the rights to develop the land above the Sandton Gauteng Station, gifted ownership of the land and paid nothing for the ownership of one of the most prize pieces of land in South Africa. Investigations alleged how the wives of both former Mayor and now Deputy Minister, Parks Tau, and Makhubo benefitted from share growth from R3 to R50 million through a consortium deal involving Regiments Capital. When the time came for the sinking fund to be put out again to tender, Regiments were disqualified in the initial rounds of the process. An intervention halted the tender process, started it over again and Regiments Capital were once again awarded the tender to manage the City’s multi-billion sinking fund. To this day, it remains unclear whether Makhubo continues to benefit from Regiments Capital.

The 2015 case against former MMC of Housing, and current ANC Councillor, Dan Bovu related to the alleged sale of City-owned land to two individuals, for which he was arrested in 2017. Money was deposited into the Thembelihle Development Trust of which Bovu is alleged to have been the founding trustee. Despite compelling evidence that led to the arrest, the case was eventually withdrawn in May 2018 when the witnesses refused to testify. Upon further investigation, it was established that the witnesses had been paid nearly R100 000, presumably to secure their silence. Rather than compelling the witnesses through subpoenas, charging Bovu with witness tampering and revoking his bail, the case was simply dropped never to return again.

MbaliMclare, was a former City of Johannesburg employee who allegedly devalued multiple buildings within the City to the tune of R500 million rand costing the City millions in municipal rates and taxes. Mclare allegedly did this in order to secure kick-backs from property owners.

The case against Mike McChesney and the management of Lily Mine is a straight forward matter. A DMRE investigation report in 2017 recommended mine management be held criminally liable for the deaths of the 3 trapped miners. Reports have revealed that mine management did not report mine collapses, did not implement required safety measures and, allegedly gave instruction for the mining around the structural support pillars that led directly to the mine collapse in February 2016. The families and former miners at Lily Mine attempted to lay criminal charges to no avail, despite the DMRE report and the legal requirement for a docket to be opened for any workplace death. We have received reports that the NPA have cited the lack of the bodies of the 3 deceased miners as the reason for their delay, something rubbished by criminal law experts. Infuriatingly, last month the NPA arrived at the mine and asked the former miners and families if they would like to pursue criminal charges.

The continued freedom of the perpetrators of these alleged offences is an assault in our democracy and our objectives to achieve a rule of law in our country. The conduct of the SAPS and the NPA in these matters has amounted to a complete failure to fulfil their Constitutional mandates on behalf of the South African people. 

If we are ever to live in a society where the rule of law prevails, where a crime results in an investigation, arrest, prosecution and imprisonment, then cases like these need to be dealt with.

ActionSA will not rest until such time as the NPA either decides to prosecute these cases or issues the nollie prosequi certificate that empowers the private citizens of our country to bring cases before our courts.

The ActionSA legal team is simultaneously exploring legal steps that can be taken against decision makers in the NPA on these matters, including the loss of the criminal case against Geoff Makhubo, so that they are held personally accountable for their failure or refusal to fulfil their duties.

Issued by Lerato M-Ngobeni, National Spokesperson, ActionSA, 26 October 2020