Curators seek order to uncover Malema’s assets
JOHANNESBURG: The curators appointed by the Master of the High Court have applied for a court order to force Julius Malema to reveal assets they believe have been hidden.
In papers filed before the Pretoria High Court last week, Cloete Murray and Aviwe Ndyamara said Malema had failed to co-operate with them. They said the Economic Freedom Fighters (EFF) leader had, in fact, refused to answer questions in connection with his assets.
The curators were appointed to trace Malema’s assets after Sars obtained a judgment early this year in connection with his R16 million outstanding tax bill.
According to the papers, Malema told the curators he could not answer questions because he did not want to reveal any information that might be used against him in his ongoing racketeering and money-laundering case.
Malema and others have been charged with racketeering or fraud and corruption in connec- tion with the R52m project management unit contract awarded by the Limpopo Department of Roads and Transport in 2009 to On-Point Engineers, a company linked to Malema.
Cloete and Ndyamara, of Sechaba Trust, filed their papers on August 6, citing Malema and Sars as the first and second respondents respectively.
Sars spokesman Adrian Lackay yesterday said the revenue collector had been cited as a second respondent “because we have an interest in the relief sought in the application by the curators”.
“Sars doesn’t intend opposing the matter.”
Arguing that Malema had failed to fully disclose his assets, the curators applied for an order to :
Clarify and confirm that paragraph 9 of the order granted by Justice Van der Merwe on March 4, 2013 (which was made final on April 16, 2013) should be interpreted so as to compel Malema to answer self-incriminating questions relating to his assets and how such assets were acquired, on the premise that such self-incriminating evidence cannot be used against him in criminal proceedings.
Order any party opposing the application to pay the costs thereof.
The papers paint a picture of Malema’s hide-and-seek games with the curators and his lack of co-operation.
On April 24, he even failed to arrive for an inquiry called by a mediator, forcing the mediator to postpone the meeting to May 27.
“During the inquiry held on May 27, 2013, the first respondent (Malema) refused to answer certain questions put to him by counsel for the applicants on the basis that the respondent had been charged in a criminal court on charges ranging from fraud, corruption, racketeering and moneylaundering and that, if he was to be compelled to answer questions which may incriminate him, this would prejudice him in the criminal proceedings as such evidence could be used during those proceedings,” read the papers.
The mediator postponed the inquiry to July 18 to enable both parties to file heads of argument on the interpretation of paragraph nine and whether there would be safeguards for Malema should the mediator rule in the curators’ favour.
The case will be heard again on September 2.
Malema yesterday referred all enquiries to his lawyer, Tumi Mokoena, who failed to respond to repeated calls and a text message for comment.