The National Prosecuting Authority (NPA) has twice declined to prosecute Deputy Minister of Public Works and Infrastructure Bernice Swarts over allegations that she swindled businessman Tuwani Mulaudzi out of R500 000.
Last year, Advocate December Mthimunye, the acting chief prosecutor in the Pretoria cluster declined to prosecute Swarts, saying the evidence against her was not sufficient to secure a conviction for the theft and fraud case Mulaudzi had opened against her.
Again, the NPA declined to prosecute Swarts on February 20, after Mulaudzi made representations challenging the first decision not to prosecute the deputy minister.
Swarts’ legal woes started when Mulaudzi accused her of swindling him out of R500 000.
In his affidavit, Mulaudzi alleged that Swarts and a local Tshwane ANC leader named Andile Mbeki approached him under the pretext of raising funds for the governing party. They allegedly gave Mulaudzi a bank account to which he transferred the money.
Mulaudzi said he later found out that the bank account in fact belonged to Swarts, who allegedly pocketed the money.
The businessman then opened a case of theft and fraud against her.
But after studying the docket, the NPA, through its chief prosecutor in the Pretoria cluster, declined to prosecute her.
Mthimunye wrote: “I have perused the docket, the facts, as well as the evidence relating to the representations. I fully agree with the decision of the prosecutor that there are no prospects of success and no prima facie case exists for a successful criminal prosecution.
“The complainant can approach civil courts, which I also doubt whether there will be a winnable case.”
Mulaudzi made representations to the NPA, insisting that Swarts has a case to answer.
After studying the representations, the NPA declined to prosecute Swarts again and has since said her alleged accomplice, Mbeki, cannot be traced.
“The suspect, Andile Mbeki, cannot be traced at this stage, and the search for him will continue. Once he has been traced, a final decision (to prosecute or not) will be made,” wrote Gauteng deputy director of public prosecutions Marika Jansen van Vuuren in a letter two months ago.
“Please inform the investigating officer of any information you may have about the whereabouts of Mr Mbeki.”
Mulaudzi said he was puzzled that the NPA was asking him about the whereabouts of a South African citizen who has a registered home address like everyone else.
Mulaudzi insisted Swarts and Mbeki had treated him unfairly and demanded a repayment or the prosecution of the two. He alleged that of the R500 000 he paid into Swarts’ bank account, she only paid him back R40 000 so far.
Mbeki did not respond to questions.
