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In a noteworthy action that could have significant repercussions for South African politics, AfriForum has filed a comprehensive criminal complaint at the Sandton police station against Economic Freedom Fighters (EFF) leaders Julius Malema and Floyd Shivambu. AfriForum's CEO, Kallie Kriel, has called on the South African Police Service (SAPS) to investigate the duo and the EFF for acts of alleged organized crime, citing potential violations under the Prevention of Organised Crime Act (POCA).
The elaborate affidavit submitted by Kriel is grounded on recent serious accusations stemming from the VBS Mutual Bank scandal, particularly the testimony of Tshifhiwa Matodzi, the bank's former chair. AfriForum contends that the behaviors of Malema, Shivambu, and the EFF align with POCA's definition of racketeering, which necessitates proof of a pattern of criminal conduct that includes corruption, fraud, extortion, among other offences, with at least two related offences occurring within a ten-year frame.
Kriel is advocating for a step beyond isolated incidents of corruption, pushing for scrutiny into the EFF as an organization. The affidavit underscores an alleged history of suspicious financial activities, beginning with the party's registration funded by purported proceeds of crime, to tender scandals and the usage of party funds for personal enrichment.
AfriForum's legal action does not only rest on accusation but prompts SAPs for tangible action. Advocate Gerrie Nel, leading AfriForum’s Private Prosecution Unit, expressed the intent to ensure accountability, stressing the need for justice to be dispensed without partiality. With a deliberate eye on the authorities, the unit vows to maintain oversight on the progression of the case, ready to intercede should the state hesitate to proceed.
Nel also highlighted past hesitancy in prosecuting Malema, referencing the ongoing On Point Engineering case, as a worrying sign of double standards in law enforcement. He called attention to the remarkable lack of action by the Asset Forfeiture Unit in seizing assets, despite the availability of credible evidence suggesting they were acquired through criminal conduct.
AfriForum's action clearly targets systemic issues beyond individual culpability. It is a challenge to the integrity of the justice system, questioning the inequity in handling cases involving prominent political figures. The complaint against Malema, Shivambu, and the EFF will serve as a litmus test for South Africa's judiciary and law enforcement agencies.
The outcome of this case could mark a pivotal moment in the fight against corruption in South Africa – bringing to the fore the crucial role of law enforcement agencies and judiciary in upholding the law impartially, and the ability of civic organizations to influence key societal shifts towards transparency and accountability.