Adv. Gerrie Nel, head of AfriForum’s private prosecution unit, announced on Thursday morning that the unit will prosecute Tom Moyane, former commissioner of the South African Revenue Service (SARS), for allegedly assaulting the mother of his grandchild in 2018.
Moyane was in charge of the revenue service at the time of the incident.
According to Nel, his unit obtained a zero certificate of prosecution to prosecute Moyane privately on behalf of Lerato Maila on a charge of assault with intent to do grievous bodily harm. He is also charged with damage to property. Maila was in a relationship with Moyane’s son at the time of the incident in May last year.
Maila claims that on May 14 last year Moyane scratched, punched and kicked her face in his home in Roodepoort, Gauteng. The former commissioner also allegedly threw her cellphone against a wall before the alleged assault when she recorded him on the cellphone.
Nel says community members approached his unit shortly after the incident to investigate.
“The timeline on the matter is very important. The incident occurred on May 14, 2018. On May 28, 2018, the case was already withdrawn and the state refused to prosecute, ”Nel said during a media conference.
According to Nel, the National Prosecuting Authority (NPA) decided not to prosecute Moyane because of a lack of evidence and the belief that there is no reasonable chance of successful prosecution.
“However, the certificate obtained by AfriForum is only valid for three months and the unit only has 90 days to institute prosecution. The unit therefore plans to get Moyane to court “sooner rather than later,” Nel explains.
Asked why Nel’s unit believed they would be able to successfully prosecute Moyane, Nel replied: It’s exciting for us. This matter is huge for us. We do this without the person’s opinion. We don’t see who it is, for us it’s about the principle. “
This principle is the injustice of violence against women and children.
“The NPA’s failure to prosecute is also a gross violation of their constitutional duty to pursue justice in society.”
It was also announced during this morning’s conference that Nel’s unit served a mandamus application on the NPA to force the NPA through the court to decide whether to prosecute Julius Malema, EFF leader, on charges of corruption, fraud, money laundering and scam.
Those charges are related to the then On-Point Engineering scandal.
The case were dropped from the court role in 2015 and AfriForum has since been haunted to re-institute the case. Although the NPA has agreed to a reinstatement by August 2018, no decision has been made to date.
The date for opposing the application was only placed on the court roll for July 20, 2020. The NPA now has 20 days to oppose the application.