As a result of the growing media pressure surrounding ANC Youth League president Julius Malema’s lifestyle audit a press conference was scheduled for Tuesday in order to afford his attorney, Tumi Mokwena, the opportunity of clearing up some of the issues.
At the media briefing Mokwena stated that while Malema was still registered as a director of SGL Engineering Projects, the Youth League President’s signature was forged on the registration documents. He further confirmed that he would be speaking to SGL to see if and why Malema was registered as a director albeit conceding that he was a member of the close corporation before it converted to a company on May 6 2009.
News 24 has covered Mokwena’s statement in full.
In accordance therewith Mokwena claims that Malema “has maintained that he was not aware of the directorship in this company”.
As a result when reports of his directorship broke Malema gave instructions to his attorneys, which are in progress, to verify whether he is indeed still registered and then take up the matter with the confirmed company (SGL).
They have confirmed that they will furnish a report “shortly of the outcome of our investigation”.
Over the weekend City Press published documents purportedly showing Malema’s signature on documents that “proved” that he had signed on as director, signed to pass power of attorney to his business partner and signed a third time to take up his majority shareholding.
On Sunday at a rally in Durban Malema denied the reports claiming that the signature had been forged by the media.
At the press briefing Mokwena restated Malema’s position saying the “signature appearing thereon is not that of Mr Malema”. He further confirmed that he had been instructed to source the original and investigate the forged documents to see who had carried out the fraud.
Mokwena refused to provide conclusive proof of Malema having resigned from the company — saying he was not instructed to do so — but conceded that his client had not made any suggestions of fraud at this stage against SGL.
Importantly he confirmed that Malema had not received any financial remuneration from the company.
In accordance with the above and in order to obviate report backs on report backs perhaps Mokwena would be kind enough to include answers to the following on the next occasion:
1. Is your client claiming that all the documents giving rise to his becoming a director of SGL including the power of attorney are forged?
2. Is the signature on those documents totally unknown to him?
3. On what basis did he become a member of the close corporation?
4. What does denouncing your membership of a close corporation mean? Has he sold his interest or did he retain it?
5. Does he hold any shares in the private company and if so how did he acquire those? Please provide full documentation.
6. If, as your client would suggest, he didn’t believe that he was a director and claims the documents making him such were forgeries and has you investigating why he should be recorded as such, can he set out why he hasn’t charged anyone at SGL? It is for police not attorneys to investigate crime.
7. At the same time could he give a reasonable explanation why City Press or any other media outfit would want to forge his signature and make him a director of a company?
8. As Cipro have him down as a director from May 2009 could he set out for us why he believes that anyone, at that date, other than SGL — which we are certainly not suggesting is the case — would want to forge his signature on the documents. NB Cipro only register after receipt of the documents from the relevant party so that date is pegged.
9. Could you please provide conclusive documented proof of Malema having resigned from the company?
10. Could you clarify why, if your client told you to remove him from any directorships in 2008, the Cipro records show “de-registration in process” in 2010. When did you submit the documentation to Cipro and could you please enclose copies.
11. Could SGL make available to the media all documents submitted by them in respect of any tender subsequent to their incorporation.
12. If Malema is cited anywhere in those tenders or any other documents being sent out by SGL to any third parties can the recipients thereof now claim to be the victim of a fraud?
Pursuant to receipt of the above the media should have sufficient information to be able to bring this matter to a head.
Strange business this. My mommy always drummed into me that lies beget more lies.
If someone created a fictional director in the name of Malema, in order to use his name to secure tenders, then this is most definately fraudulent. Why that person would allow a fictional director of a PTY LTD company, (that must be independently audited), a 70% share, is quite odd since how can a fictional person share in dividends.
Either Malema is lying through the gap in his front teeth, or he is protecting the person or person who committed a fraud by using his name. Since the latter scenario is highly unlikely because it makes no sense, we can only be left to believe that Malema is full of lies.
Forget the directorship – the big questions should be
a) Does he still hold shares in the company and
b) Did he receive any kind of remuneration as a result of such shareholding.
Resigning as a director does not mean you give up your shareholding – that can only happen if it is sold or transferred to another party – a question they seem to be avoiding. And you don’t inform Cipro of share sales, so it would not even register there.
And “has he received any income, dividend, consultation fee, donation or any other form of payment from any of these enterprises”.
Malema’s lying, finish & klaar.
Handwriting expert please. Ask the FBI or RCMP (Canada) if necessary.
Ask for a media briefing with the registered accountant of those companies – forget Malema’s attorney.
Legally any member of the public is allowed to view the share register of a company, which the company’s accountants and registered office is supposed to have.
It is hard not to just start with insults – but this is getting really depressing……….
http://www.news24.com/Content/Columnists/MaxduPreez/1033/ba44bcbde4c44d4bb185da9744918d84/03-03-2010-11-35/What_has_become_of_the_ANC
“Malema “has maintained that he was not aware of the directorship in this company”.”
The excuse after WW2 of many Germans, leadership and other, was: “wir haben es nicht gewusst” (we did not know). MANY GOT AWAY WITH IT.
Selective memory or the honest truth.
TRAPS: “Pursuant to receipt of the above the media should have sufficient information to be able to bring this matter to a head.”
Whose head? The head of State?????
Someone is not telling the truth. There could be dozens of people not telling the truth. The simple reality is that the truth will out, and if people are caught in the undertoad, then so be it. You can’t live in a glass house and stow thrones.
Good Traps
I think Julius has jumped into deep water and discovered that he is not really a good swimmer.
Liars need to know a great deal about the domain they are lying about so as to ensure a believable story. What Julius obviously does not know is how company and close corporation documentation and procedures are recorded at CIPRO. He is so used to blustering and hurling insults to escape having to answer truthfully, that he thought he could do it again.
Trap’s article contains all the necessary and important questions that need to be asked – and answered. These are issues totally beyond Jule’s ability to comprehend and thus anticipate when lying.
My concern is that even if he is proved to be a bald faced liar, his herd will still follow him and sing his “praise” undaunted.
The favourite tactic of the current ANC leadership is denial, followed by an attack on someone – anyone – when you have been caught with your pants down or your fingers in the cookie jar. That way attention is diverted away from the real issue at hand and confusion reigns. Then the backers of the wrong doer get on the band wagon and accuse detractors of racism, jealousy and selective memory because previous governments and politicians have done the same!! It’s actually laughable BECAUSE THAT IS WHY THE STRUGGLE FOR JUSTICE AND FREEDOM GOT UNDER WAY – TO CHANGE OUR GOVERNMENT AND WAY OF LIFE AWAY FROM INJUSTICE AND DISCRIMINATION – AWAY FROM A SELF INDULGENT, CORRUPT WAY OF DOING THINGS. People died and were imprisoned for years to change things in South Africa, restore dignity and justice and bring economic and political balance to a fractured society. It really is time for ALL South Africans to grow up, take responsibility and WORK hard for a just and equitable society – surely WE ALL want to be part of a well balanced, successful, peaceful and dignified South Africa – This is never going to come whilst our politicians and business people try and justify and explain away all manner of immoral and unethical and crass greed and over indulgence. Will we only wake up to the need for real change “when Rome is burning”?? South Africa is already burning – literally – we better all wake up soon and do the right thing!
From what law school did Mr. Mokwena graduate? His statement to the press was riddled with errors, undermined by ambiguity and rife with rationalisation in place of reason and logic. Let me put it another way: if his statement to the press is representative of his work, Mr. Mokwena would have got an “H” in law from any credible law school. (He wasn’t by any chance a student of Judge Hlophe?)
What about finding a copy of a letterhead used by the company, as this must have the names of all Directors listed.
Then, what about obtaining th eAnnual Reports of the Chairman, as well as the Audit Report.
From now on I am going to check out with CIPRO to see if Santa Clause has given me 70% shares in a company. I hope that it is Anglo American or some other such company.
This is better than the Lotto as Malema did not even have a ticket and yet he ‘won’ 70% shares in SGL. It is clear that Santa is bad at forging signatures so hopefully he will read this comment and let me have the share certificates etc to sign myself.
If Malema was not aware that he owns 70% stake in the company, he needs to claim his 70% share of all profits made by the company so far. He should donate the money to needy University students as registration fee or to settle outstanding debts.
He is a 28, sorry, 29 year old black child
He has been in politics in the ANC from the age of 9
He did not benefit anything from Sello Moloto’s premiership who left office in 2009
He resigned from whatever business interest he may have had in 2008
He has two expensive houses, drives a Range Rover, wears expensive clothes and throws expensive parties
You believe that, you have managed to reach the lowest form of being gullible!!
The less said about this the better
The only thing I really would like to know at this point is: Who is paying for this new legal fracas, like for instance Malema’s lawyer? SARS? Anyone? Courtcases that involves the ANC have only one inevitable outcome: they go free, we pay for the trip. Malema also has special dispensation above the others, he does not even have to hide what he does. The latest “explanations” prove this. Either he and the ANCYL is insulting our collective intelligence or they honestly think those explanations sufficient to get rid of the pesky peasants, i.e. showing the finger to justice. It is a waste of time/money, energy to go there. The crown prince is never wrong, that is what whipping boys/scapegoats are employed for. As has been proved elsewhere and lately with Selebi, it will simply cost us, the taxpayer, even more money to try.
My little three year old hides the sweet behind her back and promises solemnly that she did not take the sweetie. If I point out that I know that she has the sweetie in her hand, she brings it out, looks at it, puts it back behind her back, and insists again that she did not take the sweetie.
Such a comical sweetie-pie. As for my daughter, she will learn the value of telling the truth. needless to say, the sweetie was taken away from her until she asked for it nicely, and with the understanding that she must not lie. All smiles and love.
Poor Juju did not get it.
Great questions Mike but I think that the comapny should be answering most.
@Siobahn
Perhaps Mr Mokwena got his Law Degree from the old (communist era) Leipzig University at the same time as our esteemed Minister of Justice?
Well done Michael Trapido!You and your ilk have successfully determined, on behalf of Capitalist Media, the agenda.The intrusion into the lives of ANC politicians has been well executed.
First you break the news,followed by probing questions and then follow up articles in papers and blogs.Thereafter a domino effect of contributions by people who feel obliged to only talk of the CORRUPTION of the ruling party.
There is no mention of the CORRUPTION in the private sector.How Executives are paid exorbitant salaries at the expense of exploited workers.Nothing is said of the tenders awarded in companies to companies that do not comply with BEE regulations.Rent-a-darkie tenders are not monitored.In some cases,companies register their wives seeing that White women qualify for BEE.Nothing is said of the money being horded at the JSE daily under the nose of the Financial Services Board,all in the name of currency exchange.Nothing is said of the willing-buyer/willing-seller principle being exploited by sellers,when noticing it is government buying on behalf of claimants,exorbitant prices are set.Just recently a farmer quoted R600/hectare on a private sale.A week thereafter, the amount was raised to R2000/hectare on realising that I represent government.Nothing is said of the legacy of Black parents still being unable to take their kids to University because they inherited the poverty of their parents.
All these will not be on the radar due to these issues..
cont.
not fitting the agenda of the Capitalist Media and you Michael Trapido and your ilk diligently assisting.So long as you are not going to expose these dastardly acts and focus only on the Malema’s,Zuma’s,etc you will remain in the gutter journalism created in this space.
For now do wallow in the glory of “freedom of expression”,which some of our comrades diligently fought for.I hope you appreciate that I do not even bother to comment on the Malema debacle.I feel that you are threatened by the presence of Blacks who think and talk like Malema.So any negative story should be followed up,according to you and your ilk, so he be silenced to political oblivion.What is sad is that this blog is mostly followed by Blacks who do not want feathers should be ruffled.To them we attained our “freedom” in 1994.We now share hotels and restaurants with Whites,so what more should we ask for.They are forgetting that the economy is still in wWite hands.For instance,the Black ownership at the JSE has reduced due to the unbundling and selling of shares to cover unending Equity debt.
@Peter L
What’s wrong in obtaining a law degree at Leipzig University, if you were sponsored to study freely, especially when a racist government is busy harassing you for your political convictions?Some of our White compatriots suffer from selective amnesia.
@Phemelo – “Blacks who think… like Malema” ? Up until that point, I actually thought you were a serious communist.
The economy is not in white hands, the economy is in black spender’s purses, being the majority. Why then do seriously rich black spenders like Malema favour capitalist white suppliers like Mercedes and Breitling? Isn’t it time for your money to go where your loyalties lie? I sometimes think that those who complain are their own worst enemy. BTW, what do you drive?
@ phemelo: You (correctly) point out that corruption is everywhere. However, that does not mean that the corruption of some members of the ANC can be excused, or swept under the table. The members of the the ANC have to be like Ceasar’s wife (sorry, Western reference, sorry sorry sorry) like Ceasar’s wife — they have to set an example, because they are the government.
Mr Malema also has another responsibility: not to insult my intelligence. (I am not particularly intelligent, but I do recognise straightforward lies quite easily.)
What puzzle me is that Malema himself say or claim that for being in business doesn’t own anybody any explanation because he has a right to be in business, why then he thinks he has a need to defend himself now, why he can not stand by his own word, is because he is linked to SGL. This boy is rather confused than being an idiot/stupid. I think he should face the music alone and the Youth Leage will not defend him only the idiots will do that. Andile Lungisa for President, the NGC must pronounce on this and Malema must go.