Tumi Mokoena's statement on Malema
2010-03-02 13:11
TUMI MOKOENA’S STATEMENT ON REPORTS ABOUT JULIUS SELLO MALEMA
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.
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”.
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.