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South Africa: Threats of Private Prosecution Against National Council of Provinces (NCOP) Chairperson Thandi Modise

National Council of Provinces Chairperson Ms Thandi Modise has noted the announcement by AfriForum today in the media that they will be pursuing private prosecution again her in connection with an incident that took place at her farm in North West in 2014. 

It is important to note that the National Prosecuting Authority had abandoned its case, citing absence of prospects for successful prosecution. This is because she had delegated people she trusted to look after the farm while she is away fulfilling her parliamentary responsibilities as head of the NCOP in Cape Town. Upon learning of the matter, she swiftly intervened and placed appropriate measures to address situation and cooperated fully in the investigative process. 

Ms Modise respects the rule of law and the principle of equality before the law. However, she regards the motives of this grouping curious as they smack of abuse of judicial processes for narrow political ends. The threat to privately prosecute coincides with the process led by Parliament regarding possible amendment to Section 25 of the Constitution to expropriate land without compensation. At the heart of the action is exploiting the incident to advance a narrow narrative of failure of black farming, as implicitly stated by the grouping's spokesperson yesterday.

Having said this, Ms Modise will study the papers as and when they are presented to determine an appropriate cause of action. In the interim, she will not be entertaining any threats or intentions by the grouping in the media.

Distributed by APO Group on behalf of Republic of South Africa: The Parliament.
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