An ANC member in the North West taking on the National Prosecuting Authority for refusing to prosecute Deputy President Paul Mashatile for fraud, forgery and perjury. Picture: Phando Jikelo / Independent Newspapers
A DISGRUNTLED North West ANC member is set to square off against the National Prosecuting Authority (NPA) over its decision to decline to prosecute Deputy President Paul Mashatile for fraud, forgery, and perjury.
ANC member Sello Molefe, through his legal representatives Zisiwe Attorneys, informed North West Director of Public Prosecutions Dr Rachel Makhari that he intends to institute legal proceedings against the NPA to review and set aside her decision.
In November last year, Makhari wrote to Molefe informing him of the NPA’s decision to “decline to prosecute the suspect Mr. S.P. (Shipokosa Paulus) Mashatile on the available evidence”.
Makhari said: “Kindly take note that after careful consideration of the facts of the case and having consulted with the investigating officer, I am of the view that there are no prospects of a successful prosecution in the matter.”
However, on Friday, Molefe’s lawyers wrote to Makhari stating that her decision to decline to prosecute Mashatile was flawed, irrational, irregular, and unlawful.
”It is our client’s further instructions that there exist overwhelming evidence that Mashatile committed the criminal offence of fraud and perjury,” Zisiwe Attorneys told the NPA.
Molefe’s lawyers explained that they were instituting the review after Makhari’s decision and following Molefe’s complaint lodged in February 2023 at the Mmabatho police station for fraud and forgery.
Mashatile’s acting spokesperson, Keith Khoza, did not respond to requests for comment on Saturday while Sivenathi Gunya of the NPA in the North West said he would be able to respond on Monday.
The complaint relates to a series of events leading to the ANC’s North West provincial conference in August 2022, just four months before Mashatile was elected the party’s deputy president.
In his complaint, Molefe said Mashatile deposed an affidavit on the ANC’s behalf before the North West High Court in Mahikeng in which he attached a “purported resolution” of the party’s national executive committee (NEC) meeting held between July 26 and 29, 2022.
The answering affidavit also indicated that the ANC NEC had re-appointed the interim provincial committee (IPC) established after the North West provincial executive committee (PEC) was disbanded in July 2019.
The IPC was appointed following an ANC NEC meeting held between July 26 and 29, 2019.
”Mashatile alleges in his affidavit under oath that the ANC NEC as per the purported resolution taken on the 26 – 29 July 2022, purported to dissolve and reappoint members of the IPC who were deceased and some members who had previously resigned at the time of passing of this purported resolution,” Molefe explained.
At the time of the disputed 26 – 29 July 2022 ANC NEC meeting, three of the re-appointed IPC members – Maitu Kgaile, Sophie Maine, and Rev. O.J. Tselapedi – had died between August 2020 and July 2021.
Molefe said not only did the nine-month term of the deceased IPC members end in April 2020 while they were still alive, but their ANC membership lapsed when they died.
”Yet Mashatile alleged in the answering affidavit that the ANC NEC purportedly resolved on the 26 – 29 July 2022 to re-appoint these deceased ANC members into the IPC notwithstanding the fact that they were late,” he said.
Molefe said the purported ANC NEC meeting convened between 26 – 29 July 2022, which are dates conveniently tallying with the original NEC meeting held between 26 and 29 July 2019.
He added that it was clear from the reading the court documents that Mashatile simply copied the minutes and resolutions of 26 – 29 July 2019 and pasted them in the disputed minutes of the purported minutes and resolution of the meeting held on the 26 – 29 July 2022.
”On proper scrutiny and analysis of the two resolutions, it would appear that Mashatile simply amended the year on the resolution from 2019 to 2022 and left the exact dates of 26 – 29 July as it is,” Molefe explained.
In February 2023, Mashatile filed a confirmatory affidavit admitting that the meeting never took place and unreservedly apologised, stating that he could not explain how the purported 26 – 29 July 2022 resolution was created nor does he know the identity of the responsible official who created the fraudulent resolution.
Molefe said Mashatile might not know who created the fraudulent NEC resolution but he had taken over the functions of the secretary-general’s office after Ace Magashule had been suspended before his expulsion and Magashule’s then deputy Jessie Duarte died in July 2022 after being on medical leave since November 2021.
On Wednesday, Molefe, Lebogang Medupe, and Itumeleng Moswane will be at the Supreme Court of Appeal, where they want the decisions, resolutions and/or outcome of the provincial conference held in August 2022 declared unlawful and be set aside, following the dismissal of their application by the North West High Court.
loyiso.sidimba@inl.co.za