Lobby group AfriForum announced on Thursday that it will pursue a private prosecution against Economic Freedom Fighters (EFF) leader Julius Malema on charges of fraud and corruption.
The On Point Engineering case which was heard in the Limpopo High Court but was struck off the roll in 2015 saw Malema and two co-accused accused of unlawfully securing a tender and accepting bribes to award subcontracts.
The National Prosecuting Authority (NPA) is expected to decide by August, whether it will pursue the case against Malema or not.
Gugulethu Mhlungu spoke to legal expert Ulrich Roux to find out whether Afriforum has a case and whether there is substantial interest.
I think that the strategy that Afriforum is going to follow is to merely assist the complainant in the matter. The complainant obviously has a substantial interest in the matter.— Ulrich Roux, legal expert
It's not Gerrie Nel of Afriforum who will be instituting the private prosecution, it is that person and they will be assisted by Afriforum.— Ulrich Roux, legal expert
Roux says there are complexities surrounding the case.
There is always complexities surrounding fraud cases. there is always a soc called trace of the money and the money must be traced to the source and whether that money was misappropriated or awarded in an unlawful manner. All of those questions must be answered by the NPA.— Ulrich Roux, legal expert
At the end of the day it is their mandate to prosecute without fear , favor or prejudice. As long as a matter is prosecuted where there is sufficient evidence then the NPA are in a good footing in my opinion.— Ulrich Roux, legal expert
Click on the link below to hear more from Roux.....
Advocate Gerrie Nel believes there will be a substantial interest.
In this particular matter the complainant was Mr Kallie Kriel, there are people that complained that they were not getting any tenders so they would have a substantial interest.— Gerrie Nel, advocate
Click on the link below to listen to the full interview with Nel....