Lobby group AfriForum has launched a blistering attack on the National Prosecuting Authority (NPA), accusing it of acting “irrationally” and “in bad faith” after prosecutors declined to charge former Sports Minister Fikile Mbalula over a controversial 2016 family holiday to Dubai that was allegedly bankrolled by a company doing business with the government. The group has now formally demanded that the NPA reverse its decision—and has vowed to pursue a private prosecution should the authority fail to act.
In a dramatic escalation of a case that has haunted Mbalula for nearly a decade, AfriForum released what it termed the “Mbalula Dossier” on Wednesday, a comprehensive 200-page document compiling evidence, witness statements, and forensic financial reports that the group says establishes a prima facie case of corruption, fraud, and contravention of the Public Finance Management Act (PFMA). The dossier was hand-delivered to the office of the new National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi, along with a formal request to review and reverse the earlier decision not to prosecute.
“Today we are saying: enough is enough,” AfriForum CEO Kallie Kriel told reporters at a packed press conference in Pretoria. “For eight years, Fikile Mbalula has walked free while South Africans have been told there is no case to answer. We have examined the evidence, we have scrutinized the NPA’s decision, and we have concluded that the decision not to prosecute was irrational, indefensible, and a betrayal of the very principles of justice.”
The Dubai Trip: A Holiday Paid for by a Government Supplier
The controversy dates back to December 2016, when Mbalula, then serving as Minister of Sport and Recreation in the Jacob Zuma administration, traveled to Dubai with his wife and children for what was widely reported as a luxury family holiday. The total cost of the trip was approximately R680,000, covering business-class flights, accommodation at the five-star Atlantis The Palm resort, private transfers, and other expenses.
What made the trip politically explosive was the identity of the entity that footed most of the bill: Sedgars Sports, a subsidiary of the larger Sedgars group, which at the time was a major supplier of sports apparel and equipment to the Department of Sport and Recreation. The company had lucrative contracts with the government, including sponsorship agreements with national sports federations and the provision of kit for South African teams.
At the heart of the allegations is the claim that Sedgars Sports paid for the holiday in exchange for favorable treatment or continued access to government contracts. Mbalula has consistently denied any wrongdoing, maintaining that the trip was a personal holiday that he later reimbursed partially, and that there was no quid pro quo between his family’s vacation and the company’s commercial relationship with the state.
However, AfriForum’s dossier argues that the evidence suggests a far more troubling picture. According to the group, Sedgars Sports directly paid for the flights and accommodation, and the payments were structured in a manner designed to conceal their true nature. The dossier also alleges that Mbalula failed to declare the benefit on the Executive Members’ Ethics Register, as required by the Executive Ethics Code.
“Public officials are not permitted to accept gifts or benefits from companies that do business with the state,” said Adv. Gerrie Nel, head of AfriForum’s private prosecution unit. “This is not a matter of interpretation. It is a clear legal prohibition. Yet here we have a minister accepting a luxury holiday valued at nearly three-quarters of a million rand from a company that was actively seeking to maintain and expand its government contracts. The question is not whether this was wrong—the question is why the NPA decided it was not criminal.”
The NPA’s Decision: A Case of “Irrationality”?
The NPA initially investigated the Dubai trip following a complaint lodged by the Democratic Alliance (DA) in 2017. The investigation was conducted by the Hawks’ Serious Corruption Investigation unit and the case was presented to senior prosecutors for a decision. In 2019, the NPA announced that it would not be prosecuting Mbalula, citing insufficient evidence to secure a conviction.
At the time, then-NPA spokesperson Bulelwa Makeke said the decision was based on a “thorough evaluation of the available evidence” and that there was “no reasonable prospect of a successful prosecution.” The decision was met with widespread criticism from opposition parties and civil society organizations, who accused the NPA of political interference and of protecting a powerful political figure.
AfriForum’s latest intervention is based in part on new information that the group claims to have uncovered through its own investigators. The “Mbalula Dossier” includes forensic accounting reports, bank statements, and sworn affidavits from former employees of Sedgars Sports who claim to have been involved in facilitating the trip. The group argues that this new evidence, which it says was never properly considered by the NPA, fundamentally changes the calculus of the case.
“We have gone back to first principles,” Nel explained. “We have traced the money, we have spoken to witnesses, we have assembled a body of evidence that we believe any reasonable prosecutor would conclude merits prosecution. The NPA’s decision was not merely wrong—it was irrational. And irrational decisions must be reviewed and set aside.”
Nel added that the group had requested that the new NDPP, Advocate Andy Mothibi, personally review the matter. Mothibi, who took office in early 2026, has publicly committed to restoring public confidence in the NPA and to ensuring that decisions are based solely on the merits of the evidence. AfriForum is now testing whether that commitment will translate into concrete action.
“We are giving the NPA a final opportunity to do what it should have done years ago,” Kriel said. “If they refuse to act, we will. We will pursue a private prosecution, and we will see Fikile Mbalula in the dock—where he should have been all along.”
Mbalula’s Response: “A Political Stunt”
Mbalula, who is currently serving as the Secretary-General of the African National Congress (ANC), has dismissed AfriForum’s campaign as a politically motivated smear intended to damage his reputation and destabilize the governing party.
Speaking to reporters outside the ANC’s Luthuli House headquarters on Wednesday, Mbalula was defiant. “These people have been chasing me for eight years. Eight years. And every time, they come up with nothing,” he said. “I have answered every question. I have submitted every document. I have been vindicated by the NPA, by the Public Protector, by every institution that has looked at this matter. This is not about justice—this is about a right-wing lobby group that wants to use the courts to do what they cannot do at the ballot box.”
Mbalula acknowledged that Sedgars Sports had paid for the trip but maintained that he had reimbursed the company and that there was no impropriety. “I paid back the money. It was a private arrangement with a private company. There was no government contract involved, no tender, no decision that favored them. This is a storm in a teacup.”
He also took aim at AfriForum’s reliance on private prosecutions, a legal mechanism that allows private entities to bring criminal prosecutions when the NPA declines to do so. “They want to privatize justice,” Mbalula said. “They want to use their deep pockets to target their political enemies. That is not how justice works in a democracy.”
The Legal Mechanism: Private Prosecution
AfriForum’s threat to pursue a private prosecution is not an idle one. The organization has previously used the mechanism in high-profile cases, most notably the 2019 private prosecution of former transport minister Sibusiso Ndebele over allegations of corruption related to the tender for the Cape Town International Airport’s central terminal building. That case, while ultimately not resulting in a conviction, demonstrated AfriForum’s willingness to use the private prosecution route as a tool of accountability.
Under South African law, a private prosecution can be instituted when the NPA declines to prosecute and a certificate of nolle prosequi (a decision not to prosecute) is issued. AfriForum has indicated that it will seek such a certificate if the NPA does not reverse its decision within a reasonable timeframe.
Legal experts are divided on the merits of private prosecutions. Some argue that they serve as an essential check on prosecutorial discretion, ensuring that well-resourced private parties can hold powerful individuals accountable when the state fails to do so. Others warn that they risk undermining the NPA’s authority and can be abused for political purposes.
“Private prosecutions occupy a unique and controversial space in our legal system,” said Professor Thabo Mbeki (no relation to the former president), a constitutional law expert at the University of Pretoria. “They can be a powerful tool for accountability, but they also raise questions about equal access to justice. Not every citizen has the resources to mount a private prosecution. When a well-funded lobby group like AfriForum uses it against a political figure, it inevitably looks political—regardless of the merits of the case.”
Political Fallout
The renewed focus on the Dubai trip comes at a politically sensitive time for Mbalula and the ANC. The party is preparing for the 2027 national elections, with public trust in the ANC already strained by persistent corruption scandals and a deteriorating economic climate. Mbalula, as Secretary-General, is one of the party’s most visible and influential leaders, and any criminal proceedings against him would be deeply destabilizing.
The opposition has seized on AfriForum’s dossier as further evidence of what they describe as the ANC’s culture of impunity. DA leader John Steenhuisen called on Mbalula to step aside pending the outcome of the review, while EFF leader Julius Malema accused the ANC of protecting a “corrupt elite” at the expense of the poor.
“The Dubai trip was a luxury holiday paid for by a government supplier while schools in Soweto were without textbooks and hospitals in the Eastern Cape were without medicine,” Steenhuisen said. “Fikile Mbalula owes South Africans an explanation, and if the NPA won’t compel him to give one, then AfriForum should. We will support any legitimate effort to ensure accountability.”
Within the ANC, reaction has been more guarded. While some party insiders privately expressed concern that the case could become a distraction, others rallied around Mbalula, describing AfriForum as a “white monopoly capital front” intent on undermining the ANC’s electoral prospects.
“The timing is not coincidental,” said ANC national spokesperson Mahlengi Bhengu-Motsiri. “As we approach elections, these forces are mobilizing to target our leaders. We stand by Cde Fikile and we have full confidence that he has done nothing wrong.”
What Comes Next
The ball is now in the NPA’s court. Advocate Andy Mothibi has confirmed receipt of AfriForum’s dossier and has indicated that it will be reviewed by the office of the NDPP. A spokesperson for the NPA said the authority would “consider the representations” and “respond in due course,” but declined to provide a timeline.
If the NPA upholds its original decision, AfriForum has indicated that it will move swiftly to obtain a nolle prosequi certificate and launch a private prosecution. Such a prosecution would be a lengthy and costly process, but it would place Mbalula in the unprecedented position of facing criminal charges in a private court action brought by a civil society organization.
For Mbalula, the stakes could not be higher. A private prosecution, even if ultimately unsuccessful, would cast a long shadow over his political career and could force a reckoning within the ANC about whether leaders facing serious criminal allegations should continue to hold senior positions.
For AfriForum, the case is about more than one politician or one holiday. The group has positioned itself as a champion of accountability, using the courts to pursue cases where it believes the state has failed. The Mbalula case is its highest-profile target yet, and a successful prosecution—or even the threat of one—would cement its role as a force in South Africa’s anti-corruption landscape.
As the sun set over Pretoria on Wednesday, the “Mbalula Dossier” sat on a desk in the NPA’s Silverton headquarters, awaiting review. For eight years, the case had lingered in a state of legal limbo. Now, with a new NDPP at the helm and a determined lobby group pushing from outside, the question of whether Fikile Mbalula will finally have to answer for the Dubai trip is once again alive.
And for the millions of South Africans who have watched the saga unfold with a mixture of cynicism and exhaustion, the coming weeks will determine whether justice—in whatever form it takes—will finally have its day.
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