PLEASE NOTE:

MyNews24 is a user-generated section of News24.com. The stories here come from users.

 
TiisetsoMakhele
 
Comments: 11
Article views: 1116
 
 
Latest Badges:



 
View all TiisetsoMakhele's badges.
 

Malema is not a victim of the state apparatus

25 September 2012, 12:10

I have noted with awe unsubstantiated allegations by some in our country that expelled ANCYL president, Julius Sello Malema, is a victim of a state-orchestrated witch hunt. There has been a sporadic, and yet not deliberate, campaign to portray Malema as an unsuspecting victim of, rather than responsible for, his current troubles with the authorities. Malema, like the other accused in this Hawks’ investigation, must answer to the allegations and prove their innocence, if any.

A year ago I visited a friend at Grootvlei Prison near Bloemfontein. He was awaiting trial on allegations of defrauding one of the four big banks. I requested him to gather strength. I told him that if he is found guilty, he must serve his term and prepare to come back a changed man. The court found him guilty and sentenced him to six months behind bars. He served his term and returned a better man. My friend now is now a successful painter.

Malema, and the others who are charged alongside him, must follow this colourful example of my friend. They are all presumed innocent until proven otherwise by a court of law. And we all have a collective responsibility to allow the authorities to conduct their constitutional mandates with peace.

There are three possible outcomes of the case against Malema in particular. Firstly, the accused may be found not guilty on the charges.  Secondly, the case may be thrown out of court on grounds of no evidence, or poor investigation by the NPA. Or, thirdly, Malema may be found guilty and sentenced to a specific time in jail or given a fine.

Ours is an independent judiciary. Though not perfectly independent, our courts are immune from influence from other arms of the state. So, if the first scenario is the case, the case would be struck off the roll without hesitation. If the courts find that the prosecutors have a weak case, and that they were apathetic in executing their functions, the case will be history. Malema and others can then look at the possibility of opening cases against the state or anyone who wasted their time and, in the process, defamed their characters.   

In the second scenario, the defence has a responsibility to prove foul play, non-adherence to the Criminal Procedure Act, or possible interference. Hard evidence, rather than sentimental remarks, is needed to prove the above phenomena. For example, in order for Malema to prove interference, or that the case is politically motivated, he must submit evidence of a clear instruction from either the executive or the legislative arm of the state to the police to “either falsely or maliciously manipulate an individual case for political interests.”

In the third scenario, the court could find all the accused guilty beyond reasonable doubt and issue sentences accordingly. These may include fines, jail time, etc., depending on the nature of the offence. These all depend on the weight of the evidence brought by both sides.

In addition to the charges brought by the Hawks, two other institutions have made adverse findings on Malema’s business dealings. The Public Protector, an independent body established in terms of Chapter nine of the Constitution, finds in a report that Malema had improperly benefited to the tune of R2m from the “unlawful, fraudulent and improper conduct of On-Point”. The report of the Public Protector recommends that the state recovers these monies from Malema.

The Public Protector finds that Malema had benefited through his Ratanang Family Trust, while his former business partner and On-Point CEO, Lesiba Gwangwa, had also benefited through his family trust (Gwangwa Family Trust). The report further suggests that the Ratanang and Gwangwa family trusts were “nothing more than vehicles created to launder money.”

In another unrelated investigation, revenue collector South African Revenue Services (SARS) has obtained a R16-million judgment against Malema for “unpaid taxes”. Established in terms of the South African Revenue Service Act, SARS is mandated to, amongst others, collect all revenues that are due on behalf of government. SARS charges taxes on individuals against some form of income. So, if Malema owes the state so many millions of Rands, how much income did he make in that period? Was his salary enough tantamount to such a huge tax bill? I really wonder.

The above scenarios make it clear that Malema must answer some serious questions to all South Africans, through properly constructed structures, like the independent courts. Firstly, where did Malema get the millions which he did not declare, or pay tax against? Secondly, how did Malema get these millions of Rands? Did he use his political influence to unlawfully channel public money into his pocket? What role did Malema play in the financial, and otherwise, collapse of Limpopo province? Surely these are genuine questions. They cannot be mistaken for victimization of Malema by the state. If Malema has the answers, he is given a wonderful opportunity to provide such to the people of South Africa. But, in the absence of factual explanations to the above, Malema must, like all other South Africans, face the consequences of his actions.

Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.
 

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
11 comments
Add your comment
Comment 0 characters remaining

Read more from our Users

Submitted by
The Last Contrarian
My drunken scrawl VS an illiterat...

I am a writer; that is to say I’m an alcoholic. The link between alcoholism and writing ability is the only reliable indicator of good and profound writing.  Read more...

29 comments 799 views
Submitted by
FrancoisFMarais
Religion or Relationship - Lookin...

We were out fishing somewhere but the clouds came up and the weather looked bad. Winds were howling and rains were threatening. Read more...

44 comments 562 views
Submitted by
Bheki Dlamini
I celebrate fear. That works for ...

I can never say that the last four years, following my venturing into formal business, was any easy. It was the test of a lifetime. There were times when I wished I had never left my employ. Read more...

5 comments 413 views
Submitted by
Jerry Mashile
Changing face of culture

Heritage day is here again. While other groups in South Africa have defined their cultural practices, some remain confused and lost. This  Read more...

11 comments 360 views
Submitted by
Molifi_Tshabalala
What revolutionary duty for ANC t...

The ANC sounds more confused, using some words and phrases such as radicalism, revolution, and economic transformation out of their proper contexts.  Read more...

12 comments 1335 views
Submitted by
Mpiyakhe Dhlamini
Where are the intellectuals?

South Africa has a relatively free media, it's citizens enjoy the right to say whatever they want and to whomever they want with some sensible restrictions. Read more...

13 comments 389 views

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Pre-order your iPhone 6 at kalahari.com

Hurry and pre-order your own iPhone 6 now at SA’s favourite online store!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

Mind blow low prices on electronics

Get either the Prestigio multiphone or Proline tablet 7” tablet for only R699. Offers valid while stocks last. Shop now!

30% off Barbie toys

Save 30% on all Barbie toys and accessories. Offer valid while stocks last. Shop now!

Baby extravanganza month at kalahari.com

Celebrate baby month with a wide range of awesome baby products. Offers valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

 

services

E-mail Alerts The latest headlines in your inbox

RSS feeds News delivered really simply.

Mobile News24 on your mobile or PDA

E-mail Newsletters You choose what you want

News24 on your iPhone Get News24 headlines on your iPhone.

SMS Alerts Get breaking news stories via SMS.

Blogs Your opinion on you, me and everyone.

Calais Website keywords automated by OpenCalais.

 
Interactive Advertising Bureau
 
© 2014 24.com. All rights reserved.
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.