By Daanyaal Matthews
AfriForum’s trip to the United States has been surrounded by controversy from the start, with critics blaming the lobby group for escalating tensions between the U.S. and South Africa, potentially jeopardizing the AGOA agreement.
The controversy intensified last week when AfriForum handed over a manifesto to U.S. President Donald Trump, calling for stricter measures against top ANC officials. This move, along with their entire campaign, has led to widespread calls within South Africa for AfriForum to face treason charges. Former Judge and MK Party Deputy President John Hlophe accused the group of undermining the country’s sovereignty, while the Hawks confirmed they are investigating cases of high treason.
However, Mpumelelo Zikalala, attorney and founder of Zikalala Attorneys, believes prosecuting AfriForum for treason would be extremely difficult. He explains that prosecutors would need to prove that AfriForum’s actions directly challenged South Africa’s sovereignty rather than simply exercising freedom of expression, which is protected by the Constitution.
“The Constitution is very clear—everyone has the right to freedom of expression and association, and AfriForum has exercised these rights,” said Zikalala.
The bigger question, he argued, is whether the deteriorating relationship between South Africa and the U.S. can be directly linked to AfriForum’s actions. Proving this would be difficult, as he suggested only “reputational damage has been incurred.”
“You have to go a step further and ask: What were the actual consequences? Did these actions meet the legal definition of treason, or did AfriForum simply go to another country, make controversial statements, and nothing more happened beyond reputational harm?” questioned Zikalala.
Listen to the full interview here:
Photo: @AfriForum
