Julius Malema has responded defiantly to AfriForum’s announcement that they’ll be pursuing a fraud and corruption case against him, saying “bring it on bloody racists … no white man will decide my destiny… “
by Marelie Greeff, Afriforum
Adv Gerrie Nel, Head of AfriForum’s Private Prosecuting Unit, will privately prosecute Julius Malema and co-accused for fraud and tender corruption should the National Prosecuting Authority (NPA) not yield to AfriForum’s demand that the case against Malema, regarding the then corrupt activities of the company On-Point Engineering in Limpopo, be reinstated. On-Point, in which Malema’s family trust has a vested interest, was appointed in 2009 to assist the Limpopo Department of Roads and Transport with infrastructure development, maintenance and planning and in doing so received bribes from successful tenderers.
AfriForum laid a charge against Malema at the Brooklyn police station in Pretoria on 24 July 2011 in terms of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004) in connection with On-Point’s corrupt activities. After the Hawks investigated the charge and found proof of corruption, the NPA started the prosecution of Malema. However, on 4 August 2015 the case against Malema was struck from the roll of the Polokwane High Court after one of Malema’s co-accused could not attend the hearing due to illness. The NPA neglected to place the case on the roll again during the two years and eight months that had since passed.
Because of the NPA’s failure to act further, on 19 March 2018 AfriForum sent a letter to the NPA in which it demanded the reinstatement of the prosecution. In reaction hereto the NPA informed AfriForum in writing that the reinstatement of the charges against Malema is currently being considered and that a final decision will be taken by August 2018. According to Adv Nel, AfriForum will privately prosecute Malema should the NPA decide to not reinstate the case against Malema and his co-accused.
Adv Nel indicated that it is unacceptable that the NPA after more than 30 months has failed to take the corruption case against Malema any further. “AfriForum’s Private Prosecuting Unit was established for the very reason of ensuring that equality before the law is upheld and that the NPA does its work effectively. The NPA neglected its duty by simply abandoning the case against Malema,” adds Nel.
Kallie Kriel, CEO of AfriForum, says that even though Malema seems to think he is untouchable, he is definitely not above the law. AfriForum will therefore according to Kriel see to it that Malema is called to account. “Someone like Malema, who claims to represent the poor people and then plunders the state coffers to enrich himself at the cost of service delivery to poor people, must be exposed for who and what he really is,” says Kriel.
Kriel points out that apart from this corruption case AfriForum is also busy with two other cases which implicate Malema. AfriForum in conjunction with AfriBusiness is currently preparing for a case of contempt of court by Malema. This follows after a court order was obtained against Malema in 2017 that forbade him to incite people to occupy land. With his latest statements Malema is contravening this court order and therefore is acting in contempt of the court order. The other case against Malema is a charge of incitement to commit crime, that was submitted by AfriForum and is to be heard in the Bloemfontein Regional Court. The court postponed the matter to 27 July 2018.
Short background on the On-Point case:
In 2009, the Limpopo Department of Roads and Transport appointed On-Point Engineering in spite of fraudulent tender documents presented by them, to inter alia assist with the evaluation and selection of successful tenderers at compensation of nearly R52 million over a three-year period. On-Point itself profited from tenders that were awarded, even though the company provided assistance in these procurement processes. An example hereof is the agreement that was entered into between On-Point and Mpotseng Infrastructure CC, in which it is indicated that On-Point would receive compensation for a tender that was awarded to Mpotseng Infrastructure. In this contract it is agreed that On-Point’s involvement may not even be disclosed to the National Treasury. AfriForum also obtained an invoice in which On-Point requests compensation of R1,2 million from Mpotseng Infrastructure.
Bring it on bloody racists, you don’t scare me at all. I’m born ready! No white man will decide my destiny, the poor masses of our people will… pic.twitter.com/nKkjHbXqYv
— Julius Sello Malema (@Julius_S_Malema) April 19, 2018
EFF STATEMENT ON AFRIFORUM RACIST ATTEMPTS TO DEFLECT THE ATTENTION OF THE EFF
The Economic Freedom Fighters notes the nonsensical attempt of the ultra right wing formation of white racists, Afriforum to deflect the attention of the EFF by pursuing our President through private prosecutions. Whilst we are aware that South Africa’s Laws permits private prosecutions, we know with absolute certainty that Afriforum’s pursuit of EFF President and Commander in Chief Julius Malema is not about the rule of law, but an attempt to deflect the attention of the EFF from economic emancipation struggles, in particular land expropriation without compensation.
It is not a secret that the EFF is at the forefront of the struggle for land expropriation without compensation and that Afriforum is one of its right wing opponents. Instead of engaging in a democratic debate and engagement on the land question, Afriforum does what their colonial and apartheid forefathers did to Freedom Fighters, which is criminal persecution and prosecutions for political reasons. There’s no doubt that Afriforum’s private prosecutions is part of an onslaught against the EFF.
The case which Afriforum seek to prosecute the Commander in Chief on was struck off the roll because the National Prosecutions Authority couldn’t present a solid case before the Court of Law. Through all these, the Commander in Chief subjected himself to Court process and publicly requested that the trial should be concluded. The NPA couldn’t present a solid case, hence the High Court struck it off the roll.
The EFF is fully behind the Commander in Chief and will not be deterred by reactionary right wing formations of white people, whose primary purpose is to protect white privilege and supremacy. What Afriforum does not know is that racist persecution and prosecution of the EFF President will just multiply the mass support behind the struggle for land expropriation without compensation. What Afriforum does not know is that their attempts at suppressing a political programme through Courts will dismally fail.
Afriforum and all its sympathizers should know that their racist efforts will make us more determined. Land expropriation without compensation will happen in South Africa and no amount of intimidation and dirty tricks will stop that.
Lastly, the EFF calls on all Ground Forces of the EFF to remain calm and collected. In the course of struggle, reactionary and right wing forces will always try to deflect our attention. We should never lose focus and hope. Branches of the EFF must continue with the excellent political work on the ground and should continue with recruitment to prepare for the general elections in 2019. The war for economic emancipation goes on and we will never surrender. No surrender! No retreat!
ISSUED BY EFF OFFICIALS: DEPUTY PRESIDENT, SECRETARY GENERAL, DEPUTY SECRETARY GENERAL, NATIONAL CHAIRPERSON and TREASURER GENERAL