South Africa’s Court raises ANC-Malema conflict of interest; Malema hit with R16-million tax bill

South Africa’s Court raises ANC-Malema conflict of interest; combative youth leader Malema hit with R16-million tax bill.

Johannesburg: The Supreme Court of Appeal (SCA) questioned the use of the same legal team to

represent both the ANC and Julius Malema in their appeal against the “shoot the boer” song ruling.

A letter by SCA registrar BJ Mashinini to the counsel representing both Malema and the ANC stated judges requested them to consider whether it was “appropriate for the same legal representatives to represent both appellants”.

This was in “regard to the apparent conflict or disparity of interest between them,” the letter said. The judges sought a response by Tuesday.

It was announced on 29 February by the ANC’s national disciplinary committee that Malema was expelled from the ruling party, having been suspended for five years previously.
This was due to “sowing divisions” in the African National Congress and bringing the party “into disrepute”.

An urgent application to enforce an order stopping Malema from singing “shoot the boer” was lodged on 5 September, lobby group AfriForum said at the time.

“This follows after Malema repeatedly sang the controversial song ‘dubula ibhunu’ during his public appearances before mineworkers,” the group’s lawyer Willie Spies said in a statement.

He said the former ANC Youth League leader’s conduct came amid rising tensions in the gold and platinum mining sector.

“In addition, Malema made various utterances attributing the difficulties of mineworkers to whites.”

The application was lodged in the South Gauteng High Court.

In September last year, the court, sitting at the Equality Court, convicted Malema of hate speech after AfriForum took him to court for singing the song.

Judge Colin Lamont held the words undermined people’s dignity and were discriminatory and harmful.

Malema lost an application in November for leave to appeal directly to the Constitutional Court against the hate speech ruling. He filed a notice of appeal with the SCA in December. Lamont granted him leave to appeal.

The SCA was expected to hear the matter in October. ref: Sapa

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WHY I CELEBRATE THE LIFE AND WORKS OF NELSON MANDELA. By Chido Nwangwu  https://usafricaonline.com/2010/07/15/mandela-why-i-celebrate-his-life-works-by-chido-nwangwu/

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South African Revenue Service (Sars)has obtained a R16-million judgment against former ANC Youth League leader Julius Malema for unpaid taxes.
The judgment was obtained in the North Gauteng High Court in Pretoria on September 11, City Press reported. Malema did not oppose the application by Sars.

Sars spokesperson Adrian Lackay confirmed the judgment against Malema for R16-million had been obtained.
He told the newspaper the amount included unpaid taxes, penalties and interest.
Lackay said he could not give any more details of Malema’s tax affairs because a “taxpayer’s confidentiality is a legal obligation imposed on Sars”.
According to the report Sars was about to seize Malema’s property and assets in Gauteng and Limpopo.
Alan Lewis, a tax law consultant and advocate, told City Press the judgment showed two things: Malema had a “hell of a lot of money” and he was in deep trouble.
Lewis, a former Sars employee, said the revenue service would probably hand the judgment to a sheriff of the court, who would then attach Malema’s properties and assets.
Sars started looking into Malema’s tax affairs last year after it was revealed that he was linked to companies which had obtained lucrative contracts from the Limpopo provincial government.
Millions of rands were channelled through Malema’s Ratanang Family Trust, according to the report.
Meanwhile, public protector Thuli Madonsela has found that Malema made his millions from a fraudulent tender.
Although Madonsela could not find evidence that Malema interfered in the tendering process, she found that his trust benefited “improperly”, City Press reported.
Madonsela proposed that legal action be taken to recover the money Malema received.
This was according to a copy of Madonsela’s provisional report into the R52-million tender won by On-Point Engineers from the Limpopo roads and transport department.

Malema’s family trust was one of the two shareholders in On-Point.
According to the paper, Madonsela’s investigation also found that On-Point acted corruptly by signing back-to-back agreements with subcontractors.
“Due to the fact that the awarding of the contract to On-Point was based on deliberate misrepresentations and non-compliance with procurement prescripts, its shareholders, including the Ratanang Family Trust … benefited improperly by means of the payment of ‘dividends’ and other payments made to it by On-Point,” the newspaper quoted from Madonsela’s report.

Madonsela recommended that the tender be immediately cancelled and that the National Prosecuting Authority and Asset Forfeiture Unit urgently consider criminal action.
‘Orchestrated campaign’
Malema’s lawyer confirmed on Friday that an arrest warrant has been issued for him, said City Press.
“We have received confirmation from the authorities that there is an arrest warrant issued for Mr Malema,” Nicqui Galaktiou of Brian Kahn Attorneys said.

Expelled ANC Youth League secretary general Sindiso Magaqa on Saturday told the M&G that the imminent arrest was “part of an orchestrated campaign, by those who lack the political coherence to engage on political issues, to tarnish the image of the [youth league] president.”
Magaqa said that Malema and his associates had been expecting the arrest.
“They resort to dirty tricks because they’re cowards,” he said.
“It was not a surprise for us because we knew there is an orchestrated campaign that is being run in government to arrest the president of the ANC youth league,” he said.
“You will have noticed that after the Marikana issue, this thing of arrest has popped out because people were very aggrieved that [Malema] emerged as a leader who can go and listen to the people, and people have responded to his call for a mining revolution so we can share the economy of this country,” said Magaqa.
“We knew when we touched the nerves of the institution in power now, of the establishment, they were bound to respond.”
Magaqa said the threat of arrest had not cowed Malema. “These actions by the government give us more strength. We are more determined,” he said.
“The youth of South Africa will rebel,” he said. “We are ready to fight fire with fire.”
Magaqa said neither he nor Malema had seen the charges but added that “whatever charges come we will go to the court”. In the meanwhile, it was business as usual. ref: Sapa

• For seasoned insights and breaking news on these issues, log on to USAfricaonline.com and USAfrica powered e-groups including USAfrica at googlegroups. Follow us at Facebook.com/USAfricaChido, Facebook.com/USAfrica247 n Twitter.com/Chido247 

WHY I CELEBRATE THE LIFE AND WORKS OF NELSON MANDELA. By Chido Nwangwu  https://usafricaonline.com/2010/07/15/mandela-why-i-celebrate-his-life-works-by-chido-nwangwu/

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Nigeria’s Federal Republic of Insecurity. By Chido Nwangwu, Publisher of USAfrica, USAfricaonline.com and the Nigeria360 e-group. https://usafricaonline.com/2011/12/17/nigeria-federal-republic-of-insecurity-by-chido-nwangwu/ : IF any of the Nigerian President’s 100 advisers has the polite courage for the extraordinary task of reminding His Excellency of his foremost, sworn, constitutional obligation to the national interest about security and safety of Nigerians and all who sojourn in Nigeria, please whisper clearly to Mr. President that I said, respectfully: Nigerians, at home and abroad, are still concerned and afraid for living in what I call Nigeria’s Federal Republic of Insecurity. FULL text of commentary at USAfricaonline.com https://usafricaonline.com/2011/12/17/nigeria-federal-republic-of-insecurity-by-chido-nwangwu/

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Follow us at Facebook.com/USAfricaChido, Facebook.com/USAfrica247 n Twitter.com/Chido247

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The greatest Igbo ODUMEGWU OJUKWU’s great farewell in Aba. By Chido Nwangwu   https://usafricaonline.com/2012/02/28/the-greatest-igbo-odumegwu-ojukwu-farewell-in-aba-by-chido-nwangwu

USAfrica: Ikemba ODUMEGWU OJUKWU’s farewell in Aba, today February 28, 2012, reflected a fitting tribute, historically meaningful celebration, proper regard and deserving appreciation of the greatest Igbo, in my opinion, to have ever lived (like him or hate him).

I SALUTE Aba (aka Enyimba city), the robust and fearless town I was born, bred and raised, for giving the Ikemba, our Ochiagha, Gburugburu, Oka oburu uzo, dike na ndu ma n’onwu, mgbadike anyi, a hero’s farewell.

To the Ikemba, may your valiant soul rest in peace and dignity.

We will, and I, Chido Nwangwu, will never forget to continue to tell my generation and the next about your towering courage through tempest and thunder; through sorrow, pain, tears, blood…. •Dr. Chido Nwangwu, Founder & Publisher of USAfrica multimedia networks, first African-owned, U.S-based newspaper published on the internet USAfricaonline.com; and recipient of several journalism and public policy awards, was recently profiled by the CNN International for his pioneering works on multimedia/news/public policy projects for Africans and Americans. http://edition.cnn.com/video/#/video/international/2010/07/29/mpa.african.media.bk.a.cnn.

News: At Ojukwu memorial in Dallas Texas, USAfrica’s Chido Nwangwu challenges the Igbo nation to say never again like Jews.

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• For seasoned insights and breaking news on these issues, log on to USAfricaonline.com and USAfrica powered e-groups including Nigeria360 at yahoogroups and USAfrica at googlegroups. Follow us at Facebook.com/USAfricaChido and Twitter.com/Chido247