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ANCYL: Statement by Tumi Mokoena, lawyer of Julius Malema, on reports about his client (02/03/2010)

2nd March 2010

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/ MEDIA STATEMENT / The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

Mr. Julius Sello Malema has been our client since 2004. We have since then
been providing legal assistance to Mr. Malema in a transparent and honest
way. As Legal representatives of Mr. Malema, we accepted, understood and
respect the position taken by the ANC Youth League not to take any further
media enquiries concerning the truth statement communicated by Mr. Malema on
the 22nd of February 2010. But because of the ongoing allegations around Mr
Malema's business interests, we deem it necessary to put things in proper
perspective and re-affirm the realities he mentioned on the 22nd of February
2010. Our relations with Mr. Malema are always confidential, but because
some of the reports in the public discourse have potential to damage his
integrity as a person and leader of the African National Congress Youth
League, we agreed with the leadership of the ANC Youth League to convene
this press briefing to put to rest the issues raised.

 

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On the 22nd of February 2010, Mr. Malema said the following, "*Since my
election as President of the ANC Youth League in 2008, I instructed my
Lawyers to process my resignations from all the corporations and companies I
was involved in when I was based in Limpopo Province. I issued the
instruction because I vowed to dedicate all my time to serve and give
undivided attention to the ANC Youth League as a full time President. I from
2008 stopped being an active director of the companies that I was previously
involved in because all my time was dedicated to the service of the
organisation. I refused to take any other responsibility, including going to
Parliament, because I committed to work for the ANC on a full time basis as
mandated by the 23rd National Congress of the Youth League*".

 

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This statement by Mr. Malema is true and these are things we have done as
his legal representative to ensure that his instructions are fulfilled. We
issue this information because when Mr. Malema was responding to questions
from Journalists about the proof that he resigned, he recurrently advised
members of the media to contact us as his legal representatives to get the
documented proof that he has resigned. None of you came to enquire with us
about that, but continued running stories that he is still a Director of
these companies. Only E-News Channel enquired with us and we showed them the
proof that he has resigned, but they ignored the information we gave them
for reasons not known to us.

 

 

1. *DE-REGISTRATION FROM VARIOUS COMPANIES*

Shortly following his election as President of the ANC Youth League, Mr
Malema gave instructions that he be removed form directorship he held in
various companies including, 101 Junjus Trading, Blue Nightingale Trading
61, Ever Roaring Investment, Nkgape Mining Investment.

 

The instructions were immediately carried out the said companies were
informed and documentation was lodged with the Companies and Intellectual
Property Registration office.

 

The *official documents and *website of CIPRO reflect the status of the said
companies "de-registration in process".

 

2. *SGL ENGINEERING PROJECTS (PTY) LTD*

Mr Malema was not aware of the Directorship in this Company which is said to
have commenced on 06th of May 2009, and did not sign any document to accept
directorship of SGL, neither did he give us the power to sign on his behalf.

 

Immediately after reports of his directorship, Mr Malema gave instructions
that he must also be removed from SGL. We are currently in progress to
verify if he is indeed so registered and will take the matter up with the
concerned Company.

 

We can confirm that we are talking to the said officials of the said Company
to understand if he indeed listed as a Director, and the reasons behind
such. Since his election as President of the ANC Youth League, he was never
an active director of SGL and never partook in any of its operations.

 

What we can confirm at this stage however, is that prior to the conversion
of SGL into a Private Company, from a Close Corporation, Mr Malema was a
member of the CC, and has since denounced his membership and ceased to
partake in its operations. It has however been reported in certain
publications that Mr Malema had "lied" in denying having signed any papers
to become a member of SGL Engineering Projects (Pty) Ltd.

 

We wish to state categorically that the signature appearing on the City
Press edition of 28 February 2010 is not that of Mr Malema and we have
instructions to source the origin of the alleged form. Mr Malema is deeply
disturbed by suggestions that he lied and acts of publishing a false
signature as if it is his. We are to that end considering possible recourse.

 

Our efforts to do so were not met favourably by the City Press which has
claimed what they term "source protection". The veracity thereof remain
questionable however, we will do all in our power to get to the heart of the
matter. It is important to note that participation in business activity by
Mr Malema does not fall foul of any law and he has no reason therefore, to
conceal his business interest where he has any.

 

It is also alarming that on Tuesday, 22nd February 2010, a team from e-news
channel had an interview with us, at which we gave them a copy of the
Company status extracted from CIPRO (as mentioned above), indicating that
Mr. Malema is in the process of de-registering from the said companies. Our
communication somehow never made it to their bulletin on that evening or
subsequently, whilst most news agencies continued to report that Mr. Malema
has not resigned from these companies. We do not the reason why they did not
report about that because they continued to broadcast that he is still a
Director of these companies, despite valid information that the contrary is
true. We will again give E-News Channel and other members of the media the
documents from CIPRO to prove that he is in the process of de-registering
and hope that this time, such will be properly reflected in reports.

 

We wish to request members of the media that whilst they retain the right to
report and write reports about our client, they should avoid impinging on
his integrity as a citizen of South Africa protected by the country's rights
and regulations.

 

Thank You.

 

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