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Minority rights group AfriForum on Monday posted on Facebook to elicit support from its members to privately prosecute EFF leader Julius Malema.
In the post, titled "Do you want to see Malema behind bars?", AfriForum states that Advocate Gerrie Nel, the head of AfriForum's private prosecuting unit, would be pursuing legal action against Malema and others for fraud and tender irregularities, should the National Prosecuting Authority (NPA) not concede to its demand that the case against Malema – which concerns alleged corruption at On-Point Engineering in Limpopo – be reinstated.
"On-Point, in which Malema's family trust has interests, was appointed in 2009 to assist the Limpopo department of roads and transport with infrastructure development, maintenance and planning. It received bribes from successful bidders who were appointed for this purpose," AfriForum claims.
The threat against Malema dates back to April, when AfriForum announced its intention to privately prosecute him.
Malema then told AfriForum to "bring it on".
"Bring it on bloody racists, you don't scare me at all. I'm born ready! No white man will decide my destiny, the poor masses of our people will..." Malema tweeted.
Malema initially faced charges in relation to a R52m contract awarded to On-Point Engineering.
READ: AfriForum to privately prosecute Julius Malema
The State previously alleged that Malema substantially benefited from the tender payment to On-Point, using it to buy a farm and a Mercedes-Benz.
It said Malema's Ratanang Family Trust was an indirect shareholder in On-Point.
The case was struck off the roll in 2015, after one of his co-accused fell ill and the case dragged on.
'Malema not above the law'
Kallie Kriel, CEO of AfriForum, said in the email that Malema "seemingly thinks he is untouchable", but that he "is not above the law". AfriForum would therefore ensure that Malema be held to account, Kriel states.
"Someone like Malema, who pretends that he represents the poor and then plunders state coffers… should be exposed for who he is," Kriel says.
The email ends: "Do you want to see Malema behind bars? Show your support here.
Recipients should then provide their personal details such as a phone number and email address. It is not clear in what way this action would strengthen the organisation's case against Malema.
AfriForum has been gunning for the EFF and Malema of late.
On Sunday, the organisation threatened to have Malema and the EFF declared bankrupt to recover legal costs that the party owed the organisation, according to the Sunday Times.
AfriForum reportedly said that, according to its estimates, it was still owed more than R400 000 by Malema and the EFF but that the sheriff of the court had only found assets to the value of R66 550 in the EFF's head office in Johannesburg on November 9.
News24 reported on Thursday that the EFF had lost two battles in court with costs against AfriForum.
This brings to five the number of court cases the red berets have lost to AfriForum since March 2017.
On Wednesday, the EFF sought to interdict a warrant allowing the seizure of its movable assets from its Johannesburg office, but failed after the court found that the matter was not urgent.
That means the previous judgment to grant costs stands, and the EFF should pay back the costs AfriForum incurred.
The EFF paid just over R126 000 of the R333 000 which was meant to be paid on Tuesday, and now it has an escalated burden after Wednesday's two judgments.
On November 1, AfriForum obtained a warrant from the same court to seize movable assets belonging to Malema and for the EFF to pay an amount of R337 758.68 owed to AfriForum by Malema in his personal capacity and the EFF as a party.
An attachment process was carried out by the sheriff on November 9, during which a number of assets were identified as those to be removed to recoup the costs.
READ: 'Bring it on, papa, we are not scared of these boers' - Malema on AfriForum
AfriForum's Kallie Kriel said: "EFF legal representatives did not pitch, and the court ordered against them with costs."
'Incompetent legal team'
Malema blamed an incompetent legal team for the losses.
"People call themselves lawyers, people call themselves black lawyers, and they want to be empowered in the name of black lawyers, even when they are offering me joke (sic)," Malema told eNCA.
"That has been dealt with. We have sorted out our legal team.
"Look at the cost of the AfriForum [case], the first interdict on the occupation of land was unopposed. Why would the EFF not oppose a matter like that? It is because of mediocre and unprofessionalism from the legal team of the EFF."
Malema said the EFF applied to rescind the earlier judgment, but, because the party did not file an affidavit after filing leave to appeal, "AfriForum set the matter up to be heard by the court without us [so] we [got] dismissed with costs".
'Bring it on'
"So [AfriForum has] not won on the merits, they’ve won on technicalities of the EFF not being present. Now, we have corrected that," Malema said.
"Bring it on, papa, let’s go into the merits, we are not scared of these boers. They were winning in our absence," Malema warned.
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