The National Prosecuting Authority (NPA) has indicated that it will be taking On Point Engineering to court over fraud allegations, but that it will not be prosecuting Julius Malema.
This was stated in a written response to Afriform, who in October stated they had plans to go to court to force the NPA to decide on the prosecution of EFF president Malema in three different criminal cases, including the On-Point Engineering tender scandal.
In the On-Point Engineering tender scandal, it is alleged that the leader of the red berets benefited from an irregularly awarded tender to the tune of R52m.
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 after one of his co-accused fell ill in 2015 and hasn't been back in court since.
In the correspondence, which News24 has seen and which has been authenticated by Afriforum CEO Kallie Kriel, the NPA states that four accused, representing On-Point Engineering, will be arraigned on a charge of fraud for having misrepresented to the Limpopo Department of Roads and Transport in the award of a tender of around R52m.
Two of the accused will be charged with a further allegation of fraud, to the same department, based on allegedly false claims that On-Point Engineering was not paid R8m.
While the NPA has declined to prosecute Malema, the outcomes of the case will be evaluated to determine if he should be prosecuted.
In addition, the NPA committed to immediately launch an investigation into Malema's administration of Ratanang Family Trust, after which a decision would be made on whether or not to prosecute.
The NPA had not responded at the time of publication.