EFF leader Julius Malema File picture: EPA

Johannesburg - Advocate Gerrie Nel says AfriForum plans to privately prosecute EFF leader Julius Malema for fraud and corruption charges that relate to the On Point Engineering case.

In 2012 former public protector Thuli Madonsela found that Malema had “improperly benefited” from a R52-million tender awarded by the Limpopo Roads department to On-Point Engineering. a company he co-owns.

In 2015 the case against Malema and Lesiba Gwangwa, his co-accused and former business partner, was struck off the roll because the accused was sick, according to Nel.

Nel said on Thursday that there are questions relating to why the case against Malema and Gwangwa was never reinstated.

Nel said there has been evidence to prove that accused has recovered from the illness, but the case remains closed. 

When the NPA was questioned on the matter, it said the matter had been transferred to the Priority Crimes Litigation Unit (PLCU).

“The PCLU says it is reconsidering reinstating the charges,” he said.

“The prosecutor at the time said the matter was ready to go to trial, and we questioned why the case was moved away from the prosecutor at the SCCU (NPA) and to the PCLU.”

Nel said their goal is for fair prosecution and they are not interested in scoring political points. 

The former NPA prosecutor will now have to apply for a certificate to privately prosecute the matter, if the NPA is not planning to do so.

Read: AfriForum files charges against Abrahams, senior NPA members

Earlier this month AfriForum filed criminal charges of corruption, fraud, theft, extortion and forgery against National Director of Public Prosecutions (NDPP) Shaun Abrahams and six other senior members of the National Prosecuting Authority (NPA).

* This is a developing story