Civil rights organisation AfriForum has called on the United States to use its Magnitsky Act legislation to sanction ANC secretary-general Fikile Mbalula, claiming that it was forced to call on outside help because the South African police and the National Prosecuting Authority (NPA) were part of a protective umbrella over Mbalula, preventing him from being charged.
The Mbalula dossier was prepared by advocate Gerrie Nel and his investigation team at AfriForum’s private prosecution unit and is being used by the organisation as part of its ongoing efforts to convince the NPA to prosecute Mbalula on charges of fraud, money laundering and corruption.
AfriForum pushes for international intervention
AfriForum CEO Kallie Kriel also said AfriForum and Solidarity were doing everything possible to avert American punitive measures against South Africa in the interest of the country’s people.
Corruption Watch describes the Magnitsky Act as a “US law (2012) originally targeting Russian officials responsible for the death of auditor Sergei Magnitsky. The subsequent Global Magnitsky Human Rights Accountability Act (2016) allows the US to impose visa bans and targeted economic sanctions on foreign individuals/entities globally involved in human rights abuses or significant corruption.”
In October 2019, the US Department of the Treasury’s Office of Foreign Assets Control sanctioned four key figures for their roles in a “significant corruption network” in South Africa.
They included the Gupta brothers – Ajay, Atul, and Rajesh Gupta – who were designated for leveraging political connections to engage in widespread bribery and corruption to capture government contracts.
Salim Essa, a close business associate of the Guptas, was sanctioned for materially assisting their activities.
These sanctions resulted in the blocking of all property and interests in property of these individuals within US jurisdiction.
Dossier allegations against Mbalula
AfriForum listed in the first part of its dossier what it said were statements by Mbalula against the US in support of is enemies.
“Mbalula’s insulting statements, such as that Brent Bozell, America’s newly appointed ambassador to South Africa, is drunk and a racist, are seriously hindering AfriForum’s efforts to help normalise relations with the US,” Kriel said.
He added that Mbalula’s reckless and radical actions, which are simply aimed at trying to garner support for the struggling ANC and himself as the next ANC president, were gambling with the future of the country and its people.
“Mbalula’s attempts to promote his own and the ANC’s interests for the sake of short-term political goals will fail.
“However, it will unfortunately succeed in bringing about international punitive measures against the country, which will lead to growing unemployment and poverty.
“Mbalula does not care that his reckless actions harm ordinary people in the country, as he himself will selfishly continue to live in luxury and wear expensive designer clothes,” Kriel said.
Mbalula had earlier unsuccessfully tried to interdict Afriforum and prevent it from holding yesterday’s press conference.
He said he reserved his rights and that his own legal team and accountants were ready to act for him.
ANC rejects claims as smear campaign
The ANC defended Mbalula and rejected what it described as a smear campaign against its secretary-general.
ANC national spokesperson Mahlengi Bhengu-Motsiri said the dossier was not a pursuit of justice, but a politically motivated smear campaign to isolate Mbalula by a reactionary organisation that has long positioned itself as an enemy of transformation, non-racialism and the democratic will of the South African people.
“AfriForum has again exposed its true character as an imperialist-aligned pressure group that routinely seeks intervention from foreign powers against a democratic sovereign nation and its citizens.
“Its call for the US to impose punitive measures against a South African, who is a leader of the democratically elected governing party, is not only reckless but a direct attack on our sovereignty,” she said.
Sovereignty concerns and historical context
Bhengu-Motsiri said it was no coincidence that this desperate offensive follows the resounding success of the people’s march in defence of sovereignty and democratic gains held on Human Rights Day.
“The ANC will not be intimidated by organisations that seek to weaponise foreign policy instruments like the Magnitsky Act to settle domestic political scores.
“The ANC and its leaders, like president Nelson Mandela, were labelled terrorists during apartheid for the same characterisation of imperialists and oppressors and alignments the movement has today.
“Only in 2008 were they removed from the list by president [George W] Bush,” she added.
Kriel said the dossier would also assist in arguing for private prosecutions and for US lawmakers to sanction Mbalula under the Magnitsky Act.
According to Nel, the NPA has been hesitant to prosecute Mbalula, even though there was a strong prima facie case that corruption, fraud and money laundering were committed in the payment for a Dubai holiday that he and his family took in December 2016.
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