#AfriForumvMalema: Why AfriForum has no legal leg to stand on - EFF’s Dali Mpofu

In a recent turn of events, the Economic Freedom Fighters (EFF) Leader, Julius Malema, has found himself at the center of a legal battle with minority rights group AfriForum. The group's advocate, Gerrie Nel, has threatened private prosecution against Malema for alleged fraud and corruption. To shed light on the matter, Advocate Dali Mpofu, EFF National Chairperson, sat down with CNBC Africa to discuss the issue. Mpofu dismissed the threat of private prosecution as a mere publicity stunt, asserting that there is no legal basis for such action. He labeled it as a 'complete madness' driven by political motives and aimed at undermining the EFF's stance on land expropriation without compensation. Despite the potential financial backing AfriForum may have, Mpofu remains unfazed, confident in the lack of legal standing they possess. The basis of Mpofu's argument lies in the Criminal Procedures Act, Section 7, which outlines the criteria for private prosecution. He explained that one must have a substantial personal interest as a victim of the alleged crime and demonstrate the failure of public prosecution services to act. Without a 'nolle prosequi' certificate from the authorities, private prosecution holds no legal grounds. Mpofu emphasized that AfriForum's actions amount to a 'legal nightmare' that they cannot escape. When questioned about potential responses to the threat, Mpofu made it clear that the EFF will simply ignore it until a valid prosecution certificate is produced. He confidently challenged AfriForum to bring forth their case, expressing readiness to educate them on South African law and politics. He reiterated that the EFF's focus remains on addressing broader societal issues, such as economic inequality and the unresolved Marikana massacre. Mpofu criticized the selective targeting of the EFF, urging AfriForum to pursue justice for other significant cases like Marikana instead. He emphasized that the real issues facing South Africa, particularly around the land question, require constructive dialogue and resolution. In his view, the country's future relies on collaborative efforts to address systemic inequalities rather than engaging in partisan legal battles. As the legal showdown unfolds, Mpofu encouraged a unified approach to tackle pressing challenges and move towards a shared prosperity for all South Africans. He cautioned against divisive actions that only serve to deepen societal divisions and called for a focus on substantive issues like land reform to pave the way for a more inclusive and equitable society. In light of the escalating tensions, the battle between AfriForum and the EFF highlights the underlying socio-political dynamics at play in South Africa. As the legal saga continues to unfold, the key question remains whether justice will prevail amidst the backdrop of ideological clashes and competing visions for the nation's future.