AfriForum’s Private Prosecution Unit applied for a nolle prosequi certificate to prosecute an employee who laid a false complaint of racism at the police against his colleague. The National Prosecuting Authority (NPA) has refused to prosecute.
AfriForum plans to privately prosecute Sello Mojela for crimen injuria after he falsely accused his colleague André Fourie of racism. The prosecution will form part of a larger campaign by AfriForum against fabricated complaints of racism.
This follows after Mojela, following a disagreement at work with Fourie, falsely claimed that Fourie had called him (Mojela) a “baboon”. He also indicated this in writing during the course of the employer’s grievance procedure. Mojela changed his version when he went to lay a complaint at the police, during which he then falsely claimed in his affidavit that Fourie had called him the k-word.
Fourie approached AfriForum’s Private Prosecution Unit who advised him to lay a complaint of crimen injuria against Mojela at the police. This followed after Fourie’s employer fired him and he faced being arrested by the police.
The police investigated the case and referred it to the NPA for prosecution. However, the NPA refused to prosecute Mojela.
“The NPA’s reluctance to prosecute in Fourie’s case is not only an obstruction of justice, but also a threat to social cohesion in the country, because false accusations of this nature can fuel racial tension in the country,” says Ernst Roets, AfriForum’s Head of Policy and Action.
According to Roets, Fourie’s reputation suffered irreparable damage as a result of Mojela’s false accusations. “It is unacceptable that people who make false claims of racism are allowed to get away with it, while it has far-reaching and negative consequences for those who are implicated. It sends the wrong message to society and can result in even more unfounded accusations being made by others,” says Roets.