Due process not followed - Malema lawyers

2012-10-12 20:00

Johannesburg - Expelled ANC Youth League president Julius Malema declined an interview with Public Protector Thuli Madonsela on suspected tender fraud in Limpopo because due process was not followed, his lawyers said on Friday.

"It was only after Mr Malema complained that he had not been afforded an opportunity to be interviewed, and having challenged the integrity of the investigation, that the public protector agreed to interview Mr Malema," Brian Kahn Incorporated Attorneys said in a statement.

"Considering that a proper and fair process had not been followed by the public protector, Mr Malema declined to comment on the provisional report."

Madonsela's probe focused on the R50m contract awarded to On-Point Engineers by the Limpopo roads and transport department.

In her report, released on Wednesday, she found the tender was unlawful and that On-Point and Malema improperly benefited from this through his Ratanang Family Trust.

Malema's lawyers said that even though the complaints with regard to allegations against Malema were lodged in July 2011, Madonsela issued a provisional report only in July this year.

"We received the provisional report from the public protector on 3 August 2012, affording Mr Malema five business days to respond to a 140 page report that had taken the Public Protector many months to complete," it said.

In a letter to the law firm, Madonsela's office said: "The provisional report clearly indicates that the public protector does not intend making any negative finding in respect of the conduct of Mr Malema or the Ratanang Family Trust."

Malema's lawyers said the final report was "very different" to the provisional report seen by Malema.

"There is no explanation as to why the findings in relation to Mr Malema and the Ratanang Family Trust in the final report differ so materially from the provisional report," they said.

"These changes, interestingly, only surfaced after charges [of money-laundering] had been laid against Mr Malema in September."

On Friday, Madonsela told Parliament's portfolio committee on justice that she rejected Malema's claim that she failed to give him the right to reply.

She said she had not only sent Malema a copy of her preliminary findings, as is her custom with anybody at risk of an adverse finding, but had also given him an opportunity to be interviewed.

"He responded in writing to say he would not like to be interviewed."

Madonsela said Malema complained to her around mid-August that he had not been interviewed as part of the investigation.

She wrote back to his lawyers within a day that the point of such an interview would be to allow Malema to give any additional information that would "prevent the adverse findings".

Malema then responded two weeks later that he was not available to be interviewed, she said.

Explaining her dealings with Malema, Madonsela said her probe led to him via a bank payment from On-Point to the Ratanang Family Trust, which belongs to Malema's family.

"The other thing to be noted is that in this report there isn't anything that speaks to Mr Malema specifically," she said.

  • sifiso.sosibo.10 - 2012-10-12 20:14

    First Malema cry wolf at his rent a crowd audience that he was charged in absentia and now he somersaulted to due process not being followed. What a pinocchio syndrome!

      andrez.kolesky - 2012-10-13 07:49

      After “due” consideration I think they are absolutely right, give him his “due” – a long-awaited prison sentence. But not before he pays his "dues" to SARS.

  • Stewart Croucamp - 2012-10-12 20:15

    How can an idiot like Julius respond intelligently to such a bright women. His idiotic followers will however still put him on a pedestal.

      kolobe.mzansi.7 - 2012-10-12 21:06

      you wouldnt be so scared/concerned if he was not intelligent

      christopher.shining - 2012-10-12 22:15

      @Kolobe...I am not scared just dumbfounded at his stupidity...The thing that scares me are idiots like you that follow another idiot. You can see you a Malema follower, you will always be a follower, never a leader. Watch out for your fingernails, always going to be scraping the bottom of the barrel for the worms...

      bongani.nsele.58 - 2012-10-13 08:52

      bam'saba bengamazi unfo ka can't lie forever...thuli madonsela has a lot of investigation to do, there is a lot of thieves who hide behind years of institutionalised stealing

      parys.fotograaf - 2012-10-22 14:29

      Kolobe, intelligent maybe, but also greedy, racist and a evil trouble maker. If he is as you say why does he not go to study and at least try and work or be useful ?

  • zolisa.dlokovu - 2012-10-12 20:20


  • sharon.erwin.96 - 2012-10-12 20:24

    What does Julius know about due process? If due process which he is squealing about was followed with his tender, he would be much poorer and in far less discomfort!

  • ndlovuvincent - 2012-10-12 20:28

    @ civil.moabi-i find it shocking to hear u saying Thuli is not fit for the job.It is so unfortunate that your puppy love for Julius makes u blind in such a way that u think all of us will be blind.U know what,Thuli was not voted to be in that position of PP,she is qualified to do that job and she is doing far better than her predecessors.In fact she is overqualified for the job she is currently as she is not afraid to take your most feared former ANCYL president.

  • yar.wellnofine - 2012-10-12 20:32

    Due process would be to have Juju arrested, incarcerated, implicated and adjudicated and executed. Can't wait to see the length of the sentence.

  • greg.quinn.353 - 2012-10-12 20:40

    What does having an interview or not have to do with the crime he committed? It's been proven his trust has benefited illegally from tenders, and that he has robbed South African taxpayers. Book the fat little boy.

      sandy.langenstrass - 2012-10-12 22:06

      @greg...exactly....he acquired those tenders illegally....what is there to talk about....GUILTY AS CHARGED...BIG MOUTH. Malema you are a disgrace to our nation.

      croix.mactee - 2012-10-12 22:48

      Greg & Sandra - watch this space. Lots more 'cases of irregularity' are being uncovered daily against the Mal Julie. He will go down if there is any sanity left in this land.

      sandy.langenstrass - 2012-10-13 15:21

      croix.....that's what worries there any sanity left in this land?

  • ernest.lwandle - 2012-10-12 20:40

    He responded in writing to say he would not like to be interviewed im not suprissed thi guy is very allegic to interviews

      parys.fotograaf - 2012-10-22 14:30

      Maybe he was scared of being touched on his studio or something....

  • Erna - 2012-10-12 20:43

    @civil.moabi - it's obvious who you support but then stooges like you never know when to admit you are wrong. Thuli Madonsela has more integrity and honesty in her little finger than Malema in his whole huge body. Remember Selebi? He also denied the charges and had staunch supporters like yourself - now he's just a lonely, sick, old man!

  • jay.kganyago.5 - 2012-10-12 20:51

    Let us be lectured on due process by a man who steals

  • mart.botha - 2012-10-12 20:53

    There's a new cartoon strip in amongst this lot surely? Malema is a boil that won't begin to heal until it has burst. Talking about burst boils...hope his firm of attorneys are dotting their i's and crossing their t's, the public must be protected!

  • motleleng - 2012-10-12 20:54

    Blah blah blah...Malema again, damn, let me teach my labrador dog how to roll...

  • Balungile Bhalithafa - 2012-10-12 20:56

    mfxmm!!! Malema and his stupid supporters always crying foul play it's pathetic and sickening.

  • jacob.molife - 2012-10-12 20:56

    Malema is Zimbabwean border jumper. That old lady got him an ID fraudulently.

  • jacob.molife - 2012-10-12 20:57

    Malema is Zimbabwean border jumper. That old lady got him an ID fraudulently.

  • Successful Nhlamulo Mabilane - 2012-10-12 21:02

    Im not a Julius Malema fan but people lets get this if the government is busy concentrating on Malema they will violate the constitution over again by doing so it will happen to some of us because we no longer fair but concentrating on the Malema as an individual to be taken down the drain somehow in an unfair way,what they are doing to him might happen to you,government must just ignore Malema,now im afraid this boy know too much within the ruling party,hope it makes sense guys

      parys.fotograaf - 2012-10-22 14:31

      Did your mom give you that name or did you decide yourself? I hope you live up to it in an honest way.

  • esme.jansen - 2012-10-12 21:03

    Can we believe anything that news24 dish up? Where is Spykermay? Why do we get people over and over complain abaut posts not being post? Wake up SA. The media is controlled! Why do news24 stop commenting on some news? Why do they have this strage thumbs against numbers that does not make sence? News24 is controlled and regulated!

  • JohnDough - 2012-10-12 21:06

    Who is paying his lawyers? Idiots!

      lvhukeya1 - 2012-10-12 21:17

      i'm one of them'clown.

      lvhukeya1 - 2012-10-12 21:18

      i'm one of them'clown.

      BobM6389 - 2012-10-12 23:08

      John its the money obtained from the irregular tenders.

  • sphala - 2012-10-12 21:06

    She just follows the orders to secure the job and dignity....Public Protector, she's been used that's all.

      sandy.langenstrass - 2012-10-12 22:14

      @sphala...this lady is about the only freeking Government employee that does her job, without Fame or Favour. The day that the rest of the Government Officials work as she does is the day our country might stand a chance of attracting investors back here again...the problem with civil.m.... illiteracy...get educated woman.

  • Robert Frankol - 2012-10-12 21:07

    How many times must one flush before this turd goes away?

      ernest.lwandle - 2012-10-12 21:24

      no no this turd doesnt need to be flushed he needs to be crushed into small quantities and then flush him

  • jacques.stander - 2012-10-12 21:20

    Due process wasn't followed when Malema was born !!

  • cya.khubone - 2012-10-12 21:37

    Wah mcim!

  • james.ilukena - 2012-10-12 21:43

    That what Zuma's women does she wants to be her next on the line with his shower.

      lo.gasa - 2012-10-13 06:37

      It's do unfortunate that this poligamist is writing the same script for Malema as his in 2007 its seems he never learns from the past mistakes.jz should leave Julius alone and tell us how did kzn anc branches inflated numbers before Mangaung.

  • edgar.mooi - 2012-10-12 21:44

    Malema watch out the lawyer u a using now will left u in future when you will be bankrupt . ,he is gonna tell the world how much you ow him inrespect of how much you have given him in past . Thanks you are nt racist i cn see from your lawyer surname. Ur days are numbered my boy ,watch out in zim to make another court case ...puppy.

      lo.gasa - 2012-10-13 06:27

      Please! First work on your grammar, spelling and tenses before saying anything about Julius.Your racist attitudeis blinding you.

  • duduzile.nkosi - 2012-10-12 21:46

    I am so sick of politicians using public offices to fight personal battles. When are we going to have a South Africa were everyone has their day in court? We deserve justice people, tenders are issued to friends and family while the places we live in continue to deteriorate. It hurts alot when I as a young SA woman hear people who lived through the hell of apartheid say things were much better under white supremacy. Yes the ANC is failing so give us a credible alternative, not the DA which is failing at the Western Cape

      parys.fotograaf - 2012-10-22 14:33

      Failing in the obviously sleep 23.999 hours of the day. How did you write this drivvle in the little time that you actually did not sleep?

  • jacob.molife - 2012-10-12 21:50

    Malema is a dabula-up illegal Zimbabwean border jumper. Show us his birth records. Due process

      ester.venter.3 - 2012-10-13 06:27

      Hahahahahahaha!!! The best one yet!!!

      parys.fotograaf - 2012-10-22 14:33

      Dig and the truth will come out.

  • thabani.dube.988 - 2012-10-12 22:00

    For just bleating to the media, sir, my detailed bill is on its way to you Mr Malema from me Mr. Khan. Its so lucrative doing business with you.

  • philhaj - 2012-10-12 22:25

    your hatred is blinding you people,remember in a court of law Malema should be treated just like any other citizen and any mistake on the prosecution side will make Malema walk whether guilty or not..Madonsela let her emotions and (political)pressure push her to make mistakes in the first place and remember Malema is not an active(participative) shareholder in the company involved' day to day affairs.

      dan.ledwaba.5 - 2012-10-13 00:25

      ...or your blind admiration is blinding you - see, it can work both ways.

      philhaj - 2012-10-13 08:36

      if Thuli made a mistake no matter how much you want to get juju it wont the way am nt talking politics,i hate both zuma and juju with a passion..I LOVE SOUTH AFRICA not your puppet gods.

      Maduvha Mukusha - 2012-10-13 09:50

      People talk as if she is the court of law.

  • stefan.vosloo.33 - 2012-10-13 06:10

    Due process only when your about to get screwed ne?

  • SirFGrumpy - 2012-10-13 08:29

    I skimmed through this report in 20 minutes, you do not need more than a day to respond. The Ratanang family trust is Julius Malema and he is guilty guilty guilty and he will burn for this very obvious fraud and money laundering. What Juju wanted was the opportunity to discredit and threaten everyone and anyone involved in this investigation, he has not been afforded that opportunity as he has been caught with his hand in the cookie jar. Sorry boy, you're going down!

      Maduvha Mukusha - 2012-10-13 10:00

      197 pages in 20 you are Superman then, our country needs clever people like you.

  • bongani.nsele.58 - 2012-10-13 09:04

    why is malema hated....did he say something that exsposes the wolf for what it is...not the sheep it hides behind....

      Maduvha Mukusha - 2012-10-13 09:58

      same question I have, if I say to white people lets share our country wealth am I insulting people??

  • BobM6389 - 2012-10-13 09:18

    The legal profession no longer considers if the party is guilty or not but only if due process was followed. The fact that the investigator did not follow due process does not make one guilty or not now does it.

  • Bafana Joseph - 2012-10-13 09:35

    Thuli Madonsela back off from our future president Mr Malema ONLY YOUR BOSS JACOB ZUMA is CORRUPT(where is our tax money nw)

      Maduvha Mukusha - 2012-10-13 09:56

      No one must be above the laws of the country, Malema included. With that said, Malema deserves fair treatment also, even from the Public protectors office.

  • caine.abel.75 - 2012-10-13 09:45

    The writing is on the wall ......... juju type d..heads presenting himin court

  • Bafana Joseph - 2012-10-13 09:46

    we are tired of u Thuli Madonsela

      Maduvha Mukusha - 2012-10-13 09:53

      Unlike you I like the job she is doing, but then my worry is her office targets only Black politicians. I thought she must protect public from all forms of injustice. Some are using her office to fight opposition party battles.

  • Maduvha Mukusha - 2012-10-13 09:48

    I expected much from Thuli Madonsela. Fair processes must be followed at all times, irrespective of who an individual is, dissapointed by the Public protector office.

  • Prince Bird - 2012-10-13 10:57

    I'm disappointed in u Thuli and ur office,i thought ur nt sell outs but i was wrong. First cases first what happened to Zuma's 700 charges?huh

  • donald.perumal - 2012-10-13 20:40

    First :He is not acrook.Now that has been established! Due process has not been followed. One must love these Lawyers>

  • parys.fotograaf - 2012-10-22 14:28

    If that what is lawful and morally correct was done, this oke would have been in jail already. These lawyers are just dragging out the whole thing with all sorts of technicalities. Technicalities should never allow a guilty party to go free as that would lead to a loss in confidence in the legal system, as has happened in Zuma's situation.

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