The National Prosecuting Authority (NPA) is set to revisit a decision not to pursue charges of fraud and perjury against Deputy President Paul Mashatile in a case linked to the disputed ANC elective conference in the North West in 2022.
In a letter dated March 11, the head of the national prosecuting services, advocate Sibongile Mzinyathi, said that on the basis of the powers delegated to his office by NPA boss Shamila Batohi, he had sent the Mashatile case back to his colleagues in the North West for a second look by the provincial head, advocate Rachel Mkhari.
“Upon perusal of the matter, kindly be advised that Dr Makhari, the director of public prosecutions, North West, has been directed to finalise the outstanding investigation and re-evaluate her decision before informing this office of the outcome of the matter,” Mzinyathi wrote to the lawyers at Zisiwe Attorneys, who represented the complainant in the matter, Sello Molefe, a North West ANC member.
Criminal complaint
Molefe is involved in separate litigation against the ANC over the outcomes of the 2022 provincial elective conference, and the matter was last month heard on appeal by the Supreme Court in Bloemfontein, where the appellants seek to set aside the judgment of the Mafikeng High Court in favour of the governing party.
It was in that case that Mashatile found himself as the subject of fraud and perjury charges following his submission of an allegedly fraudulent ANC national executive committee (NEC) resolution in defence of the party’s appointment of interim leadership in the North West in early 2022.
According to Molefe’s criminal complaint, filed with the Mmabatho SA Police Service, Mashatile falsely claimed that an ANC NEC meeting took place between July 26 and July 29, 2022, where a resolution was taken to extend the term of the then-interim provincial committee (IPC).
Molefe was among those challenging the legitimacy of the conference of the North West on the grounds that the term of the IPC had lapsed.
Mashatile opposed the application
Mashatile opposed this application and presented the supposed resolution to the North West High Court, which was hearing Molefe and Luthuli House’s case.
He later admitted under oath that his submission was a misrepresentation of facts.
Zisiwe Attorneys said Mashatile lied. “Mr Mashatile was fully aware that no such meeting occurred. His actions constitute not only fraud but also perjury, relying heavily on a questionable resolution.”
Mzinyathi said this week the call for a review was to ensure that justice is duly served, and he set out a comprehensive assessment process in motion.
Initially, the case had been adjudicated by Mkhari, whose office decided not to proceed with charges against Mashatile.
However, said Mzinyathi, his office has requested a re-evaluation of the decision.
