Incitement: 'Malema can be found guilty'

2012-09-21 22:07
(Picture: AP)

(Picture: AP)

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Johannesburg - Expelled ANC Youth League leader Julius Malema could be found guilty of inciting mineworkers to violence, regardless of whether he influenced them, an expert has found.

Former University of South Africa criminal law lecturer Carel Snyman concluded that Malema, who is due to appear in court in Polokwane next week on unrelated charges, did not have a valid defence to the charges of incitement.

Snyman was commissioned by trade union Solidarity to compile an expert view on the matter.

The union earlier filed criminal charges of incitement to violence and intimidation against Malema, following comments he made to striking mine workers urging them to make the mines "ungovernable".

Solidarity deputy general secretary Dirk Hermann said on Friday that Snyman had found Malema did not have a valid defence.

"It is... immaterial whether or not the mine workers had in any way been influenced by Malema's utterances," he said in a statement.

"Incitement to commit any crime is punishable. The definition of incitement does not distinguish between successful and unsuccessful incitement."

Hermann said the report had been given to the Hawks to assist in their investigation of the charges against Malema.

Earlier, an arrest warrant had been issued for Malema.

"We were notified today that a warrant of arrest was issued for Mr Malema," his lawyer Nicqui Galaktiou told Sapa.

"We don't know which court and when it will happen, but we are engaging with authorities on that. It will be in Polokwane."

She said Malema had not yet been arrested.

"No, he hasn't. My understanding is that he won't be arrested."

She said the charges against her client were unknown.

"We do not know what the charges are and we don't have a copy of the warrant."

A City Press report said that Malema faced charges of money laundering, corruption and fraud relating to his Ratanang Family Trust and its share holding in On-Point Engineering, a company that allegedly made millions from Limpopo government tenders.

Authorities refused to comment or confirm the warrant.


The SA Revenue Service said it had nothing to do with the warrant.

"...We want to state categorically that any and all reports that SARS requested that a warrant be issued for Mr Malema's arrest are completely untrue and without foundation," it said in a statement.

"Sars is not involved in the criminal investigation into and prosecution of this matter."

The Hawks said it did not issue warrants.

"The Hawks don't issue warrants, so we don't comment on that," said Hawks spokesman McIntosh Polela.

Asked if the unit was planning to arrest Malema, he said: "Even if we were planning to arrest him, we won't tell you."

Police Minister Nathi Mthethwa's spokesperson, Zweli Mnisi, referred queries to provincial police.

Gauteng police spokesperson, Brigadier Neville Malila, said he knew nothing about an arrest warrant for Malema.

Justice department spokesperson Mthunzi Mhaga could not immediately be reached for comment.

Malema's close colleague, suspended ANC Youth League spokesperson Floyd Shivambu could not be reached for comment.

On Tuesday, Malema told reporters in Johannesburg if he was arrested, it would be done illegally.

"If we are illegally arrested tomorrow, we would have been arrested by [President] Jacob Zuma," Malema said at the time.

He said he was willing and ready to go to jail, and was not intimidated.

"I have nothing to hide... I only have my convictions. Nothing will stop me from fighting for economic freedom, not even my death... We are unshaken."

Malema said he had it "on good authority" that there were instructions "to get rid of some us..."

At the time, presidential spokespersonsman Mac Maharaj said: "The presidency is aware that this person is prone to making wildly unsubstantiated and unwarranted claims and statements, and we do not wish to dignify them."

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