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Kindly note that this matter is being dealt with by very senior personnel with amongst others commercial crime/corruption expertise within the office of the DPP Gauteng namely Advocate Janse van Vuuren and Maritz. - Erasmus

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Sizwe sama Yende

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Deputy Public Works and Infrastructure Minister Bernice Swarts’ attempt play down fraud charges against her has hit a snag after National Prosecuting Authority (NPA) confirmed that the case was still under investigation.

Swarts faces an accusation of taking R500 000 that businessman Tuwani Matthews Mulaudzi donated to the ANC in 2013 for herself. She and former Gauteng Film Commission CEO, Andile Mbeki, asked Mulaudzi for the donation at Waterkloof, Pretoria.

Mulaudzi later realised that the money did not reach the ANC’s coffers and obtained proof of bank statement proving that Swarts used the money for herself.

Following a report on a Sunday newspaper that the NPA had declined to prosecute Swarts, the NPA has assured Mulaudzi prosecutors were still working on the case. Mulaudzi had asked for a nolle prosequi.

Deputy Director of Public Prosecutions in Gauteng, Advocate Connie Erasmus, told Mulaudzi in writing that they were still looking for Mbeki whom the police investigating officer had failed to trace.

“Kindly note that this matter is being dealt with by very senior personnel with amongst others commercial crime/corruption expertise within the office of the DPP Gauteng namely Advocate Janse van Vuuren and Maritz,” Erasmus said.

She further said that both experts had identified outstanding investigation that needed to be completed and urges Mulaudzi to co-operate with the prosecutors and the investigating officer.

Mulaudzi resuscitated the matter in 2020 when he saw Swarts on TV, being sworn in as Member of Parliament. Before then, police had lost the docket twice.

A trail of WhatsApp conversations indicate that Swarts confessed to ANC chief whip Pemmy Majodina but stood her up on the day they had to meet Mulaudzi and settle the matter out of court.

According to the messages, Swarts also paid R40 000, and was through Majodina, trying to strike a deal to pay the money in instalments. Mulaudzi said the debt had increased to R2million with interest.

Mulaudzi also approached former speaker of Parliament, Thandi Modise, and the ANC’s Integrity Commission – all but in vain.

Majodina went further in her WhatsApp conversation with Mulaudzi. She said that her investigation concluded that Swarts had put the ANC in disrepute and recommended that she must pay back the money. She promised Mulaudzi that she was going to forward a formal submission to the ANC and Modise.

This year, Mulaudzi has approached national ANC chairperson Gwede Mantashe and the party’s electoral committee member, Kgalema Motlanthe, to make them aware of the charge against Swarts.