The North West National Prosecuting Authority (NPA) was on Friday served with a notice of intention to review and set aside the decision by the director of public prosecutions, Dr Rachel Makhari, to decline to prosecute Deputy President Paul Mashatile on charges of fraud and perjury.
“It is our client’s instructions that the decision of the NPA to decline to prosecute Mr Mashatile is flawed, irrational, irregular and unlawful,” wrote lawyer Bongani Zisiwe on behalf of the complainant, Sello Molefe, a local member of the ANC.
Mashatile finds himself at the centre of a legal storm following accusations of fraudulent activities concerning an ANC national executive committee (NEC) resolution that he had submitted to court under oath in defence of the party’s appointment of an interim leadership in the province in early 2022.
The allegations were brought to light by Molefe, who then initiated legal proceedings against Mashatile through Zisiwe.
According to Molefe’s complaint, filed with the Mmabatho SAPS, 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). Mashatile was authorised to manage legal proceedings on behalf of the ANC. However, during an urgent application against the ANC, Molefe, as the fourth applicant, sought to challenge the legitimacy of the ANC’s 9th provincial conference of North West, citing the lapsing of the interim provincial committee (IPC) term. Mashatile opposed this application and presented the supposed resolution to the North West High Court which was hearing Molefe and Luthuli House’s case. Zisiwe 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.
“Mr Mashatile’s document is nothing more than a copy-paste job,” asserted Zisiwe.
He highlighted that the resolution, attached as “ANC11” mirrored one from a July 2019 meeting, with only the year altered to 2022.
Furthermore, several members purportedly re-appointed following the resolution were either deceased or had resigned long before the alleged meeting.
“It’s implausible and insulting to suggest the reappointment of deceased members,” said Zisiwe, naming members like Maitu Kgaile and Sophie Maine among those falsely included.
The saga took a twist when Mashatile admitted in a confirmatory affidavit on February 23, 2023, that the alleged meeting never took place and apologised for his previous claims.
“His confession is a clear admission of guilt,” Zisiwe commented, underscoring the gravity of the situation.
Despite the confession, the NPA has decided not to pursue prosecution, citing a lack of prospects for success.
This decision has not sat well with Molefe and his legal team.
“The NPA’s refusal to prosecute is flawed, irrational, and unlawful,” Zisiwe emphasised. “There exists overwhelming evidence against Mr Mashatile for both fraud and perjury.”
