AfriForum settles with EFF and withdraws private prosecution

source: Eyewitness News

AfriForum has decided to drop its private prosecution case against the Economic Freedom Fighters (EFF) and its leader Julius Malema. The civil rights organization had accused the EFF of inciting violence and damage to property during the 2016 municipal elections.

AfriForum’s private prosecution unit, led by advocate Gerrie Nel, had obtained a nolle prosequi certificate from the National Prosecuting Authority (NPA) in 2018, which allowed them to pursue a private prosecution against the EFF. The NPA had declined to prosecute the EFF, saying there was insufficient evidence to prove that the EFF’s statements amounted to incitement.

However, AfriForum announced on Tuesday that it had withdrawn its private prosecution case after the EFF agreed to pay R126 703.59 in legal costs. AfriForum said it had reached a settlement agreement with the EFF, which was made an order of the court.

AfriForum’s CEO Kallie Kriel said the organization was satisfied with the outcome, as it had achieved its objective of holding the EFF accountable for its actions. He said the EFF had admitted that it had no defense to the private prosecution, and that it had wasted AfriForum’s time and resources.

“The EFF’s payment of AfriForum’s legal costs is an acknowledgement of guilt and an admission that they were wrong. We hope that this will serve as a deterrent to the EFF and other parties who think they can incite violence and damage to property with impunity,” Kriel said.

The EFF has not commented on the matter. The party had previously dismissed AfriForum’s private prosecution case as a publicity stunt and an attempt to silence the EFF’s political voice. The party had also accused AfriForum of being a racist organization that was opposed to the EFF’s agenda of land expropriation and economic transformation.