- Shaun Abrahams says only the Limpopo Director of Public Prosecutions has the power to reinstate criminal charges against Julius Malema
- Abrahams was answering questions on whether he believed AfriForum could successfully privately prosecute Malema
- AfriForum announced last month that it would privately prosecute Malema on fraud allegations related to his Limpopo company On-Point Engineering
The National Director of Public Prosecutions (NDPP) advocate Shaun Abrahams said only the Limpopo Director of Public Prosecutions (DPP) had the authority and power to reinstate criminal charges against Economic Freedom Fighters (EFF) leader Julius Malema, not AfriForum.
Abrahams was answering questions on whether he believed AfriForum could succeed in its attempt to privately prosecute Malema on fraud allegations.
Last month, AfriForum announced it would seek to privately prosecute Malema on fraud charges related to his On-Point Engineering company in Limpopo. AfriForum alleges that Malema unduly benefited from Limpopo government contracts.
Briefly.co.za gathered that Abrahams said the On-Point matter was originally struck off the roll. The case was later reopened under a fresh investigation, witnesses and evidence was collected and handed over to the Limpopo DPP.
“It is now up to the Director of Public Prosecutions in Limpopo to reinstitute charges, and not other people,” Abrahams said.
AfriForum said it was stepping in to prosecute cases where the National Prosecuting Authority (NPA) had failed in its duty to do so.
AfriForum’s Kallie Kriel said: “If the NPA do not do their job, then we have to intervene in these matters.”
Abrahams has cast doubts on whether AfriForum’s strategy will succeed.
He said there had only ever been one successful private prosecution in South Africa and that was on a murder charge in the Western Cape.
Abrahams made the statements in Parliament, where he was part of a delegation which detailed how the justice department planned to improve its services.
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