Senior ANC leader tells Madlanga commission NPA failed to prosecute North West corruption cases

According to The Citizen, a senior North West ANC leader has taken allegations that the National Prosecuting Authority (NPA) in the province has failed to prosecute corruption cases to the Madlanga Commission of Inquiry.

Affidavit and Hawks documents submitted to commission

According to The Citizen, the unnamed ANC leader submitted an affidavit to the commission and included official Hawks documents that, the submission says, show 14 cases were opened for investigation after complaints from North West members of the standing committee on public accounts.

The source material states the complaints related to alleged irregularities within government departments and municipalities.

Specific matters cited

According to The Citizen, the leader’s submission notes a 2021 Hawks investigation that produced a docket following a complaint by then cooperative governance, human settlements and traditional affairs MEC Mmoloki Cwaile. The complaint, the source reports, alleged that R3 000 000 was paid in advance to a company named Electronic Connect before work was done.

According to The Citizen, another matter opened by ANC MPL Aaron Motswana involved R54 million intended for community social residential units; the source reports the houses remain incomplete behind Mmabatho Stadium.

According to The Citizen, the North West DPP also declined to prosecute a matter involving alleged excessive payments by Rustenburg Local Municipality to ENS Forensic in 2018, reported at R15 million, which the source says did not match the nature of the work contracted for.

Accusation and response

According to The Citizen, the ANC leader alleges in the affidavit that the NPA in North West “has failed to pursue prosecutions despite overwhelming evidence” and that “the director of public prosecutions (DPP) has shown that it does not have the appetite to investigate these cases involving powerful politicians and tenderpreneurs in the North West.”

“The Hawks have done their work, but the problem is with the DPP, as they are the last line of defence. They are failing to prosecute,” the leader told the commission, according to The Citizen.

According to The Citizen, NPA communications officer Lindiwe Mabasa rejected suggestions of political influence and said prosecutorial decisions are based on the available admissible evidence and whether there are reasonable prospects of a successful prosecution.

According to The Citizen, Mabasa said North West DPP Rachel Makhari has instructed that relevant case dockets be revisited and, where necessary, that further investigations be conducted.

Madlanga commission seen as last recourse

According to The Citizen, the ANC leader told the commission that he has been fighting corruption in the North West but believes the DPP does not support him and like-minded people. He said he is “convinced that they work with those who are causing harm to state institutions” and that the Madlanga commission “becomes the last option to help hold lawbreakers accountable.”

What remains clear

All details in this article are drawn from the reporting cited. The Citizen is the source for the claims and documents referenced above.