‘Old friends’ lottery case against Mafokate ‘unlikely to succeed’

South African kwaito musician and produce Arthur Mafokate. Picture: Simone Kley.

South African kwaito musician and produce Arthur Mafokate. Picture: Simone Kley.

Published Feb 5, 2023

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Johannesburg - A series of emails between “king of kwaito” Arthur Mafokate and his management team shows a trail of squabbles over music gigs and money.

This has come to the surface after Mafokate claimed to be under attack by his old friends and business partners.

Two weeks ago, the Special Investigating Unit (SIU), together with the National Prosecuting Authority’s Asset Forfeiture Unit (AFU), obtained a preservation order from the North Gauteng High Court, Pretoria, to confiscate properties believed to be proceeds from monies received from National Lottery development projects.

In March last year, a friend and colleague of Mafokate wrote: “If you don’t give me the R1 million I’ll go to the cops. You think I don’t know your sponsors. I’ll go the Hawks and newspapers you’ll be finished.”

According to a Sunday publication, Mafokate received R9.5m in 2014 through the SA Arts and Development Association (Saada) to do work in destitute communities and uplift young, up-and-coming talent. According to the National Lotteries Commission (NLC) reports of 2014 and 2015, Mafokate ran a successful project and received a clean audit.

The allegations of squandering of lottery funds came after Mafokate’s ex-girlfriend told police in 2021 that he had a lot of money, cars and properties but didn’t pay dancers what they deserved and that police should investigate Mafokate’s Arts and Culture and lottery funding.

Legal expert Brandon Tshabangu said: “It’s unfortunate that the processes that entail and lead to a preservation order are normally done on an ex parte basis, which means the accused or alleged aggressor is often not given an opportunity to oppose the first appearance before a judge.

“Like all other matters that include the rule nisi order, it is prudent that one must sail very carefully against swift public conviction or kangaroo court of convictions that come with the impacts of the ex parte effects.

“If Mr Mofokate can prove that the internal prerequisites for a grant or loan by the NLC were met at the time of the approval of the application, then we will be dealing with a weak case by the SIU.”

In 2019, Mafokate was acquitted of assault of his ex Busisiwe “Cici” Thwala. Mafokate’s lawyer, Daniel Nakeng said the court had found that there was no reason to convict Mafokate as there was no evidence linking him to the allegation that he had dragged Thwala. “The court found she was the aggressor. She was the one holding onto the door. If she had let go of the door, she would have not been injured,” Nakeng said.

Asked for a response, Mafokate said: “It’s happening again and again. But the truth always comes out.”

The Star