NDPP lambasts MKP member amid brazenly attempted to barge into NPA office


By STAFF REPORTER

14 February 2026- The National Director of Public Prosecutions (NDPP), advocate Andy Mothibi said it has seen a video that is circulating widely on social media, of an alleged Mkhonto Wesizwe Party (MKP) member who brazenly attempted to barge into the NPA head office, apparently looking for a senior official of the Asset Forfeiture Unit (AFU).

Mothibi said in the video recorded outside the NPA building, he uttered threats designed to intimidate the AFU senior financial investigator for doing his work.

He said the MKP member further threatened to bring a mob to block access to the NPA head office for 14 days or until money is released to “the women of South Africa”. Mothibi added that the NDPP strongly condemns this behaviour and views the tactic as not only unlawful, as it is an attempt to interfere in the work of the NPA, but also as an attack on the rule of law.

“The background to the matter is that two preservation orders to the total amount of over R4 million (R4 193 968.77) were granted by the Pretoria High Court to the AFU in 2024, related to the Growsave Stokvel. The Preservation Orders were in respect of funds held in various bank accounts in the name of Women Against Poverty and Hunger (Pty) Ltd (WAPH) and others.

“The first order was granted on 30 September 2024 for an amount of R4 057 259.00 and the second was granted on 16 October 2024 for R136 709.77. Subsequently, the Pretoria AFU was granted a Forfeiture Order of R136 709.77, including interest accrued by the Pretoria High Court on 19 June 2025,” he said.

Mothibi said on 26 November 2025, the court delivered a judgment setting aside the initial preservation order of R4 057259.00 and directing the release of the frozen accounts. He said the NDPP disputes both the correctness and the legality of that judgment and has filed an application for leave to appeal against the judgment.

“At this stage, the matter is far from concluded, as there are two interlocutory applications pending, namely the application for leave to appeal and an application in terms of section 18(1) read with 18(3) of Superior Courts Act, to determine whether the order directing the release of the frozen accounts should be suspended, pending an appeal.

“AFU received information from the National Consumer Commission (NCC) that WAPH (and/or members associated with it) invited members of the public, via various online media platforms including Facebook, to invest a once-off amount of R300 and receive monthly groceries for 12 months. The R300 payment entitles members to 10kg bags of flour, mealie meal, and rice, as well as a 2-litre cooking oil and 2kg sugar,” said Mothibi.

He said members would receive these items once a month for 12 months, provided the R300 payment was made. Mothibi said a price comparison with different retailers revealed that the total value of these items amounts to R441.87 per month, meaning that WAPH promised groceries worth R5 302.44 for a once-off payment of R300.

“In addition, members were encouraged to recruit new members and could earn cash rewards; for example, recruiting 10 members could yield R1 000. The investigation determined that WAPH conducted a multiplication scheme, prohibited under section 43(3)(2)(a) of the Consumer Protection Act (CPA). The NCC calculated that the effective interest rate offered was 1,667.47%, exceeding the repo rate by more than 20%.

“Furthermore, WAPH is not a licensed financial services provider, in contravention of section 7 of the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS Act); and is not licensed to receive deposits from the public, thereby violating the Banks Act,” he said.

Mothibi said the primary objective of these legislative provisions is to protect the public from unscrupulous operators and to prevent them from losing their hard-earned money. He said WAPH is considered such an operator.

“The AFU therefore contends that the funds in the preserved bank accounts constitute proceeds of unlawful activities. It is important for the public to understand that the AFU does not preserve assets randomly. Assets are preserved only when believed to be proceeds of unlawful activities or instrumentalities of offences listed in Schedule 1 of the Prevention of Organised Crime Act (POCA).

“The AFU submits that WAPH contravened multiple pieces of legislation, thereby placing the public’s money at risk. While asset recovery processes are an important part of the government’s strategy to effectively deal with corruption, they also play a role in protecting unwitting victims of such unlawful money making or investment schemes,” said Mothibi.

He said WAHP and its organisers have not litigated their opposition to AFU asset recovery proceedings in a professional and fair manner, prompting the AFU to complain to the AJP of Gauteng Pretoria Division. Lately they have now resorted to threatening both the AFU and police officials involved in the matter. Mothibi said the intimidation and threats are serious and call for urgent action and a criminal case has been registered with the police.

“The NDPP urges anyone who may have legal issues to raise to do so appropriately by following available legal avenues,” he said.

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NDPP to interrogate failure of justice in Omotoso case


By REGINALD KANYANE

3 April 2025- The National Director of Public Prosecutions (NDPP), advocate Shamila Batohi, has requested a report, from the Eastern Cape Director of Public Prosecutions (DPP), Barry Madolo, on the judgement delivered by Judge Irma Schoeman of the Eastern Cape Local Division of the High Court sitting in Gqeberha on 2 April 2025. The judgment relates to a trial that lasted for over eight years from 2017, wherein Nigerian televangelist, Timothy Omotoso and two others, faced several charges of rape, human trafficking and sexual assault.

The Judge raised concerns about the conduct of the prosecution in her finding the trio not guilty of all the charges preferred against them.

Batohi said they will carefully study the judgment when it is made available to the parties. She said in the meantime, she has expressed her serious concerns about adverse findings made by the judge against the prosecution team, relating to the manner in which the prosecution was conducted.

“The NDPP has called for a transcript of the proceedings and will consider it in order to determine whether the criticism of the prosecution team is warranted.  Depending on the outcome of this process, the NDPP, together with the DPP in Eastern Cape, will decide on appropriate action.

“The DPP in Eastern Cape has in the meantime indicated that the team will study the judgement and decide on whether to bring an application to appeal the judgement,” said Bathohi.

She said National Prosecuting Authority (NPA) has demonstrated its commitment to dealing effectively with Gender-Based Violence (GBV) and sexual offences. Batohi said the NPA has a world-class special unit called the Sexual Offences and Community Affairs (SOCA) Unit, which is dedicated to dealing with sexual violence and related cases.

“The NDPP appreciates the public outrage expressed by many in response to the judgment in view of its devastating impact on the victims in this case and the fight against the scourge of GBV in the country.

“The NDPP is proud of the NPA’s track record in providing victim-centred and professional support to victims of gender-based violence, including through the national rollout of Thuthuzela Care Centres (TCCs) that for the past eight years have provided specialised support in almost 280 000 matters (or 34,600 matters per year),” said Batohi.

She said this recent judgement represents a travesty of justice that they cannot accept. Batohi sais the NDPP awaits the report from the DPP in Eastern Cape and will consider the next steps to ensure that this tragic outcome is dealt with swiftly and appropriately, based on the facts and the legal dimensions relevant to the judgement.

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