Hawks ineptness or political considerations delay prosecution of ANC Secretary-General Fikile Mbalula
16 February 2023
The rise of Fikile Mbalula to one of the highest positions in the ANC could explain why the Hawks (Directorate for Priority Crime Investigation, DPCI) are failing to finalise its investigation and ensure he’s criminally prosecuted. AfriForum’s Private Prosecution Unit has made this clear in yet another letter to senior law enforcement structures – this time to National Police Commissioner Fannie Masemola.
The criminal case against Mbalula stems from a 2018 Public Protector report into the then-Sport Minister’s family holiday to Dubai, which referred the matter to the National Prosecuting Authority (NPA) to “investigate whether the funds used to pay for the trip were not the proceeds of money-laundering”. All indications are that the NPA simply ignored this instruction.
In August 2019, Monique Taute, Head of Campaigns at AfriForum, filed the criminal complaint. Since then, the matter has been kicked between the police and the NPA, each blaming the other for delays in finalising the case.
The allegations against Mbalula are simple and uncomplicated. They entail that the Dockrat family, through linked companies, allegedly paid for the politician’s holiday – a single transaction with a travel agent without any complicated forensic analysis of financial records and bank statements required.
The unit sets out in great detail the timeline of events and numerous letters to the authorities to try get any meaningful update on the progress of the investigation.
Adv. Gerrie Nel, Head of the unit, wrote in the latest letter that the country is fully cognizant of the developments in the Zondo commission on state capture and the speedy interventions that have led to the arrest and appearance in court of certain individuals, including ANC politicians and senior government officials, on very complex charges ranging from money laundering and racketeering.
“Strangely Mr Fikile Mbalula’s case remains a single transaction, uncomplicated yet beyond the capabilities of law enforcement to finalise. As the delay continues, the reasoning for this we submit has become more apparent if one only considers the recent promotional developments in Mr Mbalula’s political career.
“We respectfully submit that Mr Mbalula’s political rise is an indubitable realisation that he is beyond the reach of the SAPS. His inverse treatment by law enforcement must be because he is “politically sheltered”, unlike other citizens of the Republic. The historical excuses, including the National Director of Public Prosecutions blaming the DPCI and being satisfied that the DPCI investigation team caused the delay, are unacceptable and deplorable,” said Nel.
The Private Prosecution Unit reiterates that the failure to investigate the matter clearly indicates that either the Hawks’ are inept in tackling corruption or the suspect, Mbalula, is somehow favoured with undeserved protection by state institutions.
Issued by Barry Bateman, Communications Manager: Private Prosecution Unit, AfriForum, 16 February 2023
