Adv. Gerrie Nel, head of AfriForum’s private prosecution unit, on behalf of the Meyiwa family demanded that the National Prosecuting Authority (NPA) recommend a formal judicial inquiry into the death of Senzo Meyiwa.
AfriForum and the Meyiwa family announced last month that the organization will represent the Meyiwa family. Nel has been appointed as the Meyiwa family’s advocate in the investigation into the death of this former Bafana Bafana captain.
“The inquest will give Nel and interested parties the opportunity to testify in court and cross-examine. It will help the magistrate to find out who was responsible for Meyiwa’s death. Unique cases require unique solutions and AfriForum hopes that this investigation will eventually lead to progress in the case, ”says Kallie Kriel, CEO of AfriForum.
Nel and his team decided to follow this legal route in light of the fact that prosecution cannot be done on existing evidence and because there is apparently relevant information from family members that the investigators did not include in the dossier. “We believe the murder can only be solved by looking at what happened in the house on that day in 2014 and not on the basis of allegations of robbers who came in,” Nel believes.
Senzo Sifiso Meyiwa, brother of Senzo, says “we believe that the inquest will ensure that justice is done and that my brother’s murderers can be held accountable. We are proud to be connected to AfriForum and are pleased that the organization is taking the necessary steps to eventually make progress in this matter. We once again call on South Africans to stand with us to fight injustice. ”
Nel also gave feedback at the media conference on new developments in the case against Nomgcobo Jiba, former national deputy director of public prosecution and Julius Malema, leader of the EFF.
AfriForum has already announced in 2017 that it will act on behalf of Gen. Johan Booysen wants to institute private prosecution against Jiba. The NPA has offered several unfounded excuses as to why the court’s decision – that the case should be reinstated – was not implemented.
AfriForum sent a letter to the NPA on 5 December 2019 demanding that the decision be taken within 14 days on the prosecution of Jiba. If the NPA does not make a decision, the organization will submit a mandamus application to force the NPA to issue a zero prosequi certificate. AfriForum was already successful with a similar application when the NPA made a ruling in the On-Point case against Malema at the eleventh hour.
“There is no reason why the NPA cannot now make a final decision on the issue of a zero prosequi certificate. We are ready to prosecute as soon as the certificate is issued, ”says Nel.
With regard to Malema and the On-Point case, the private prosecution unit will consider private prosecution if the NPA refuses to prosecute Malema on charges of fraud, corruption or money laundering. On November 19, 2019, the NPA announced by Adv. George Baloyi, acting director of public prosecution in Pretoria, announced that they will not prosecute Malema for the alleged corruption, fraud, money laundering and robbery related to the On-Point scandal. Baloyi indicated that after the initial hearing they will make a decision on Malema’s prosecution. This decision was made after AfriForum announced that its unit meant a mandamus application on the NPA and the Minister of Justice to force the NPA through the court to make a decision on the prosecution of Malema.
According to Nel, in a letter AfriForum indicated in detail why the decision not to prosecute Malema is irrational and contradictory to the evidence. The NPA is requested to reconsider the irrational decision.
“The private prosecution unit was established to ensure that the principle of equality is upheld before the law and that there are no selective prosecutions. The current decision is reminiscent of the decision not to ex-pres. Jacob Zuma with Schabir Shaik – who had catastrophic consequences, ”Kriel says.