The National Prosecuting Authority’s (NPA) decision to revive the corruption case of KwaZulu-Natal provincial task team coordinator, Mike Mabuyakhulu, has created a political headache for the ANC’s national leadership, which entrusted him with its renewal in the province.

This is the view of political analyst, Professor Ntsikelelo Breakfast, who said the national leadership cannot afford to ignore, since it raises the question of Mabuyakhulu’s integrity, which he said was important for one in a position of power.

Breakfast said fighting corruption is an integral part of a renewal campaign; therefore, the ANC cannot afford to allow this campaign to be led by someone with a dark cloud hanging over his head.

“I think the spotlight is now on those who put him in the position, as people will be watching them on what they are going to do to him,” said Breakfast.

In a statement last week, the NPA in the province said the Supreme Court of Appeal (SCA) has ordered that the decision of the Durban High Court, dismissing the State’s application for special leave to appeal, be referred to the SCA for reconsideration, and oral argument, including on the merits, if requested by the court which the NPA said it welcomed.

“The NPA welcomes the opportunity to argue its case before the SCA that the honourable Judge Mahendra Chetty erred in law in discharging the accused, that there are reasonable prospects of success on appeal, and that there are compelling reasons for the appeal to be heard by the SCA. Prosecutors will continue to vigorously challenge any decision considered to be wrong in law using available legal remedies,” read the statement.

Weighing in on the matter, Zululand University-based political analyst Professor Sipho Seepe concurred with Breakfast that part of the renewal entails adherence to the rule of law, so the case should not undermine the party’s expressed intention to renew itself.

However, Seepe said in accordance with the constitutional principle of innocence until proven guilty by a competent court of law, the party would have to await the outcome of the legal process before it throws its members under the bus.

In its response, the ANC’s provincial spokesperson Fanle Sibisi dismissed the assertion that the NPA’s decision would affect Mabuyakhulu’s political work, arguing that his position would not be affected by the decision.

“The issue of stepping aside does not arise because Cde Mabuyakhulu has not been charged. After being charged in 2018 and sitting through the court case for five years, Mabuyakhulu was acquitted in 2023. That 2023 verdict still stands, and the appeal has no bearing on the ANC’s step-aside rule, as the appeal does not require Cde Mabuyakhulu to resign from his position as the coordinator,” said Sibisi.

Mabuyakhulu was arrested and charged with corruption alongside several businesspeople and the former Economic Development and Tourism head.

The State argued in 2013 that the department under Mabuyakhulu, as an MEC, sponsored the  North Sea Jazz Festival, which was to take place in the province with R30 million.

Although the event was cancelled at the last minute, R30 million was paid to the businesspeople, of which Mabuyakhulu allegedly received R300,000 as a kickback. However, on May 31, 2023, the Durban High Court discharged the accused under Section 174 of the Criminal Procedure Act, following a defence application.

The dropping of charges paved the way for Mabuyakhulu’s political comeback, and in February this year, the ANC entrusted him, together with Jeff Radebe, to revive the party following its dismal performance in last year’s general elections.

willem.phungula@inl.co.za

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