AfriForum announced today that Adv Gerrie Nel, Head of the civil rights organisation’s private prosecution unit, demanded the National Prosecuting Authority (NPA) on behalf of the Meyiwa family to recommend a formal inquest into the death of Senzo Meyiwa.

AfriForum and the Meyiwa family announced last month that the civil rights organisation would be representing the Meyiwa family. Adv was appointed as the Meyiwa family’s advocate in the investigation into the death of the former Bafana Bafana captain.

“The formal inquest will give adv. Nel and the interested parties the opportunity to test the evidence and cross-examine the witnesses. This will assist the Magistrate in judging who was responsible for Meyiwa’s death. Unique cases require unique solutions, and AfriForum hopes that this inquest will result in the case’s progress. It is in everyone’s interest that the country’s legal system functions properly,” says Kallie Kriel, CEO of AfriForum.

“We believe that the inquest will ensure justice so that Senzo’s murderers will eventually be brought to book. The Meyiwa family is proud to be associated with the organisation and are happy that it is taking the necessary steps to ensure progress in the case. We once again encourage South Africans to stand together in fighting injustices,” says Sifiso Meyiwa, Senzo’s brother.

AfriForum and the Meyiwa family encourage anyone with information about the case to email onsvervolg@afriforum.co.za.

Adv. Nel also provided feedback on new developments in the cases against Nomgcobo Jiba and Julius Malema.

Jiba
AfriForum has announced in 2017 already that the organisation would be instituting private prosecution against Jiba. The NPA provided various baseless excuses for not implementing the court’s ruling that the case be put on the role again.

AfriForum sent a letter to the NPA on 5 December 2019 in which it demands that a decision on the prosecution of Jiba be taken within 14 days. If not, the organisation will submit a mandamus application to compel the NPA to issue a nolle prosequi certificate. AfriForum has already been successful in a similar application, when the NPA decided on the On-Point case against Malema at the eleventh hour.

According to AfriForum there exist no reason why the NPA cannot immediately make a final decision on issuing a nolle prosequi certificate. “We are ready to prosecute as soon as the certificate is issued,” Nel confirms.

Malema: On-Point Engineering
AfriForum’s Private Prosecution Unit also announced that the organisation would consider private prosecution if the NPA refuses to prosecute Malema on charges of fraud, corruption or money laundering.

The NPA announced on 19 November 2019 through Adv George Baloyi, acting Director of Public Prosecution in Pretoria,  that it would not be prosecuting Malema for alleged corruption, fraud, money laundering and racketeering related to the On-Point scandal. Adv Baloyi indicated that they would decide on Malema’s prosecution after the initial hearing. This decision was taken after AfriForum’s announcement that its unit had served a mandamus application on the NPA and the Minister of Justice to force the NPA through the court to take a decision on whether to prosecute Malema.

In its letter, AfriForum explained in detail why the decision not to prosecute Malema had been an irrational one that conflicts with evidence. The NPA is requested to take the irrational decision under review.

“The Private Prosecution Unit was indeed founded to ensure that the principle of equality before the law is upheld and that selective prosecution does not happen. The current decision calls to mind the decision not to prosecute former President Jacob Zuma together with Schabir Shaik – with catastrophic results,” Kriel says.

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