If Malema's lawyer wants closure, he needs to provide answers

As a result of the growing media pressure surrounding ANC Youth League president Julius Malema’s lifestyle audit a press conference was scheduled for Tuesday in order to afford his attorney, Tumi Mokwena, the opportunity of clearing up some of the issues.

At the media briefing Mokwena stated that while Malema was still registered as a director of SGL Engineering Projects, the Youth League President’s signature was forged on the registration documents. He further confirmed that he would be speaking to SGL to see if and why Malema was registered as a director albeit conceding that he was a member of the close corporation before it converted to a company on May 6 2009.

News 24 has covered Mokwena’s statement in full.

In accordance therewith Mokwena claims that Malema “has maintained that he was not aware of the directorship in this company”.

As a result when reports of his directorship broke Malema gave instructions to his attorneys, which are in progress, to verify whether he is indeed still registered and then take up the matter with the confirmed company (SGL).

They have confirmed that they will furnish a report “shortly of the outcome of our investigation”.

Over the weekend City Press published documents purportedly showing Malema’s signature on documents that “proved” that he had signed on as director, signed to pass power of attorney to his business partner and signed a third time to take up his majority shareholding.

On Sunday at a rally in Durban Malema denied the reports claiming that the signature had been forged by the media.

At the press briefing Mokwena restated Malema’s position saying the “signature appearing thereon is not that of Mr Malema”. He further confirmed that he had been instructed to source the original and investigate the forged documents to see who had carried out the fraud.

Mokwena refused to provide conclusive proof of Malema having resigned from the company — saying he was not instructed to do so — but conceded that his client had not made any suggestions of fraud at this stage against SGL.

Importantly he confirmed that Malema had not received any financial remuneration from the company.

In accordance with the above and in order to obviate report backs on report backs perhaps Mokwena would be kind enough to include answers to the following on the next occasion:

1. Is your client claiming that all the documents giving rise to his becoming a director of SGL including the power of attorney are forged?

2. Is the signature on those documents totally unknown to him?

3. On what basis did he become a member of the close corporation?

4. What does denouncing your membership of a close corporation mean? Has he sold his interest or did he retain it?

5. Does he hold any shares in the private company and if so how did he acquire those? Please provide full documentation.

6. If, as your client would suggest, he didn’t believe that he was a director and claims the documents making him such were forgeries and has you investigating why he should be recorded as such, can he set out why he hasn’t charged anyone at SGL? It is for police not attorneys to investigate crime.

7. At the same time could he give a reasonable explanation why City Press or any other media outfit would want to forge his signature and make him a director of a company?

8. As Cipro have him down as a director from May 2009 could he set out for us why he believes that anyone, at that date, other than SGL — which we are certainly not suggesting is the case — would want to forge his signature on the documents. NB Cipro only register after receipt of the documents from the relevant party so that date is pegged.

9. Could you please provide conclusive documented proof of Malema having resigned from the company?

10. Could you clarify why, if your client told you to remove him from any directorships in 2008, the Cipro records show “de-registration in process” in 2010. When did you submit the documentation to Cipro and could you please enclose copies.

11. Could SGL make available to the media all documents submitted by them in respect of any tender subsequent to their incorporation.

12. If Malema is cited anywhere in those tenders or any other documents being sent out by SGL to any third parties can the recipients thereof now claim to be the victim of a fraud?

Pursuant to receipt of the above the media should have sufficient information to be able to bring this matter to a head.

Julius “It Wasn’t Me” Malema – Wonkie CartOOn!