AfriForum seeks to prosecute Fikile Mbalula

AfriForum has urged the National Prosecuting Authority (NPA) to reconsider its decision not to prosecute Fikile Mbalula, secretary-general of the African National Congress (ANC), over a 2016 Dubai holiday costing approximately R684,620. The group alleges corruption and money laundering, citing payments from Sedgars Sport, a supplier to the South African Sports Confederation and Olympic Committee (SASCOC), and untraced cash deposits.

AfriForum’s private prosecution strategy relies on Section 8 of the Criminal Procedure Act, which permits private entities to prosecute if the NPA declines, provided they show a direct interest, such as taxpayers harmed by corruption.

The group invokes the Prevention and Combating of Corrupt Activities Act, arguing that a R300,000 “loan” from Sedgars’ director, Yusuf Dockrat, and other payments constitute “gratifications” that could influence Mbalula’s ministerial duties, even absent explicit quid pro quo, as established in S v Selebi (2009). Should the NPA reject AfriForum’s October 2025 request, the group may pursue a High Court review or private prosecution, a rare mechanism to challenge state inaction.

The case stems from Mbalula’s 2016–17 family trip, partially funded by Dockrat’s R300,000 “loan,” repaid only after media scrutiny, and R380,000 in cash payments, including R150,000 delivered by Tsholofelo Lejaka, head of Boxing South Africa, and two R75,000 deposits by his secretary. A further R80,000–R84,000 cash deposit at an airport bank remains untraced. A 2018 Public Protector report flagged a “perceived” conflict of interest and referred the matter to the NPA for a money laundering probe, citing the funds’ dubious origins.

In 2023, the NPA declined to prosecute, accepting Mbalula’s loan defence and finding no evidence of favours exchanged. AfriForum’s Private Prosecution Unit, led by advocate Gerrie Nel, calls this decision “irrational,” pointing to investigative lapses, such as unexamined cash sources and missing witness statements.

Mbalula denies wrongdoing, framing the trip as a personal matter cleared by prior investigations and accusing AfriForum of a politically motivated campaign.

Following recent successes in prosecuting Julius Malema for violating firearms regulations, the increased pressure on the ANC leadership is likely to be taken much more seriously by the party, which is already struggling with indiscipline, sclerosis, and declining membership and support.