Right-wing organisation AfriForum has written to National Prosecuting Authority (NPA) head Shamila Batohi, accusing the criminal justice body of shielding Eastern Cape Premier Oscar Mabuyane from prosecution in a R1-million corruption case related to the funeral of late ANC stalwart Winnie Madikizela-Mandela.
The case stems from businessman Lonwabo Bam, whose company allegedly received millions of rands in public funds under questionable circumstances.
Bam has admitted personally distributing the money, which was channelled into his bank account and partly used for transport arrangements at the 2018 Madikizela-Mandela funeral.
While the Eastern Cape’s director of public prosecutions (DPP) declined to prosecute Mabuyane and former MEC Babalo Madikizela in November 2023, the NPA has now confirmed the matter remains under investigation.
In a letter dated July 22, 2025, the National Prosecution Service head, advocate Sibongile Mzinyathi, said an advisory panel had identified “gaps in the evidence” and directed police to conduct further investigations.
“To date, the prosecution is still awaiting feedback in this regard. Consequently, the DPP will have to decide on the matter before a review process can be pursued,” Mzinyathi wrote.
But AfriForum’s private prosecution unit, representing Bam, has rejected this explanation as an afterthought.
The head of the unit, advocate Gerrie Nel, wrote to Batohi on August 25, accusing the NPA of political interference.
Unwillingness to prosecute
“If we are correct, the current excuse that the investigating team was given instructions to close gaps is a sleight of hand to prevent a proper, without fear or favour, analysis of the facts,” Nel said.
He charged that the Eastern Cape DPP had shown “an unwillingness to prosecute” and that the referral back to his office “caused an additional delay, which benefits the suspects”.
“This must be one of the most blatant and callous examples of shielding politically connected individuals from prosecution,” said Nel. “We infer that the accused are shielded due to their political connections.”
Since its initial registration as Parkweg Road CAS 546/03/2021, the case has dragged on.
AfriForum insists the prosecution’s reluctance has nothing to do with lack of evidence but everything to do with politics.
AfriForum vows to persist in advocating for the enrolment and prosecution of the case.
“We share our client’s view that this uncomplicated case must be prosecuted. Our interest in this matter will not wane,” said Nel.
The NPA has not yet provided a timeline for when the DPP will finalise the matter.
