AfriForum Seeks Justice Against Malema and Shivambu for Alleged Corruption Involving VBS Funds

In what is shaping up to be a significant legal showdown, AfriForum, the prominent civil rights group in South Africa, has announced steps to initiate criminal charges against Economic Freedom Fighters (EFF) leaders Julius Malema and Floyd Shivambu. The organization is firm on laying accusations of corruption, fraud, and money laundering against the duo. The announcement comes after the recent guilty plea by Tshifhiwa Matodzi, the former chairman of VBS Mutual Bank, who implicated the EFF in receiving illicit funds.

AfriForum has charged its legal team with the task of assembling the necessary charges to be officially lodged with the police. Moreover, the group is ensuring that the case does not stall or get derailed by engaging the services of Adv. Gerrie Nel and his team at AfriForum’s Private Prosecutions Unit. This unit is set to monitor the case’s progress and apply pressure on the prosecution process if any reluctance or delay by the National Prosecuting Authority (NPA) is perceived.

Kallie Kriel, the CEO of AfriForum, expressed concern that previous failures to prosecute Malema—specifically for his involvement in the On Point Engineering corruption case—may have emboldened him. Kriel underscored the importance of prosecution in the VBS debacle, not only to uphold justice but also to reinforce the principle that nobody is above the law.

The allegations stem from Matodzi’s statement, which alleges that the EFF received a R5 million payment, followed by monthly donations of R1 million and an additional R4 million loan through a front company, Sgameka Projects, starting in 2017. According to Matodzi, these monetary flows were intended as bribes, with Malema and Shivambu purportedly benefiting personally from the transactions.

If the state hesitates to take Malema and Shivambu to court, AfriForum is open to pursuing private prosecution, a legal recourse available in South African law that enables a private entity to prosecute when the NPA fails to do so.

The group is also suggesting that the NPA should take immediate action to secure a preservation order on the assets of Malema and Shivambu to prevent any dissipation of the allegedly acquired wealth. This would serve to ensure that if a court later finds the EFF leaders guilty, they would be unable to enjoy the proceeds of their suspected criminal activities.

The case draws attention to the broader challenges South Africa faces regarding political corruption. It is a significant step by AfriForum to hold high-profile political figures accountable, reflecting growing public angst over corruption and the impunity sometimes enjoyed by powerful individuals.

The impending legal proceedings will likely garner considerable public and media scrutiny, given the implications for the accused leaders and their political organization. As the case unfolds, it will be a testament to the strength and independence of South Africa’s legal institutions and the enduring fight against corruption.