I will read, dude.
On Tue, Jul 26, 2011 at 1:29 PM, Matela Mthwalo <[email protected]>wrote: > [image: Constitutional Hill] > Malema, our own Paris Hilton: “Rebel with a trust fund”? > Jul 24th, > 2011<http://constitutionallyspeaking.co.za/malema-our-own-paris-hilton-rebel-with-a-trust-fund/> > by > Pierre De Vos <http:///>. > > Is Julius Malema guilty of contravening the provisions of the Prevention > and Combatting of Corrupt Activities > Act<http://www.sita.co.za/ethics/Prev%20of%20Corruption%2012-2004.PDF>(PCCAA) > 12 of 2004? If he is and he is convicted in terms of this Act, he > would face a minimum 15 years in jail. Unless he becomes “terminally ill” > like Schabir Shaik he would then have to spend many years in jail without > access to fancy cars and the millionaires’ lifestyle he is living now. > Moreover, his assets could then be confiscated by the Asset Forfeiture Unit > if the appropriate application is made to court. So, these allegations > levelled by City Press are very serious. > > City Press reported this morning that Malema has a secret trust fund – that > he is “a rebel with a trust fun”, so to speak – which he uses to finance his > lavish lifestyle and his political ambitions. As long as he pays the > appropriate taxes in terms of money received by this fund, there is nothing > illegal with having a trust fund. Hell, Paris Hilton would not be able to > survive without one. But City Press also reported that the money from the > trust fund comes from deposits made by businessmen who get tenders from the > Limpopo Province. > > If this is true, well then Malema must be in very serious legal trouble. > The newspaper reports about this as follows: > > The other source, a seasoned businessman who moves in Malema’s circle of > friends and associates, told City Press he deposited R200 000 into the > trust’s bank account after Malema facilitated a government tender for his > benefit. According to him, there are at least 20 other business people who > do the same. He said Malema sent him the number of the bank account via SMS. > After depositing the money, Malema allegedly thanked him – also via an SMS. > > The PCCAA is an excellent piece of legislation which is sadly not often > used because of the lack of the political will on the part of the Police to > investigate corruption and bring corrupt individuals in both the public and > the private sector to book. It criminalises almost all imaginable forms of > corruption in rather broad terms, making it – in theory at least – quite > easy to secure a successful prosecution in a corruption case. > > Because those who are corrupt are also often very wealthy – allowing them > to buy political influence or even direct protection from the police – or > because they are politically connected because they happen to be leaders of > the governing party, people are often only investigated for corruption if > they had fallen foul of one or other factions of the security services or > the governing party. That is why Brett Kebble financed the ANC Youth League > and the ANC proper and why that Savoi guy allegedly made more than a R1 > million donation to the ANC. (In both cases something obviously went wrong > and the insurance money did not buy immunity from criminal investigation, > which suggests that there is still hope for us to tackle the scourge of > corruption in this country.) > > Section 13 of the Act would be of particular relevance regarding the > allegations levelled against Mr Malema. This section states that: > > (a) Any person who, directly indirectly,accepts or agrees or offers to > accept any gratification from any other person, whether for the benefit of > himself or herself or for the benefit of another person, as— > > (a) an inducement to, personally or by influencing any other person so to > act, > > (i) award a tender, in relation to a contract for performing any work, > providing any service, supplying any article, material or substance or > performing any other act, to a particular person; or > > (ii) upon an invitation to tender for such contract, make a tender for > that contract which has as its aim to cause the tenderee to accept a > particular tender; or > > (iii) withdraw a tender made by him or her for such contract; or > > (b) a reward for acting as contemplated in paragraph (a) (i) (ii) or (iii), > > is guilty of the offence of corrupt activities relating to procuring and > withdrawal of tenders. > > As is clear from this section, a person can be found guilty even if that > person is not directly involved in the awarding of tenders but receives > money with the understanding that he or she will influence the awarding of > the tender. One does not have to show that the tender was indeed awarded to > someone who paid the bribe or even that the person who received the money > had the power to influence the awarding of the tender. > > All one has to show is that money changed hands and that the person who > received the money – in this case, if the allegations are true, this would > be Malema – received it with the understanding that he would influence the > tender in your favour. Even if there was no intention actually to influence > the tender but one had given the impression to the businessman that one > would influence it, one would be guilty of corruption. > > That is why being perceived to be powerful and influential is so important > for the person who receives corrupt bribes with the understanding that he > would swing the tender. He would not even have to wing the tender to get the > money – as long as those businessmen who pay believed that he had the power > to swing the tender, the money would continue to flow into the trust fund, > > Section 24 of the Act also makes clear that even if the state cannot prove > that there was a direct causal link between the money given and the tender > in question, the crime of corruption may yet be proven by showing that there > was any abuse of a position of authority. > > City Press might not have known this, but its story alleges that Julius > Malema is guilty of corruption and that facts exist which, if proven in > court, would require a judge to convict him and to sentence him to a minimum > of 15 years in prison. To make such allegations would usually constitute > defamation. Unless the allegations are true and it is in the public interest > to publish them, the newspaper making such allegations could therefore be > successfully sued for defamation. > > Now, these allegations completely destroy Julius Malema’s credibility. He > can restore the credibility by suing City Press for defamation. If he does > not, we will know that he is corrupt. If he threatens to sue (which I > suspect he would) but never follows through with the threat (which I suspect > will happen), we will also know that he is corrupt. > > If he sues and it transpires that the facts alleged by City Press are more > or less true, well, his reputation would also be destroyed for ever. Many > politicians threaten to sue newspapers but never do because they know that > if they lose – which will often happen if the allegations are actually > substantially true – they would have made things even worse for themselves. > That is why watching Malema’s next move will be interesting: if he threatens > to sue without suing it would be like an admission of guilt. > > The upshot of this is that unless Julius Malema immediately sues City > Press, he would – at least in the yes of any reasonable person – have not > one single bit of credibility left. All the bluster in the world will not > change this fact. All the hot air about a conspiracy against him and about > racism will not change this fact. Either he sues City Press or the rest of > us can start referring to him as “the corrupt Julius Malema”. > > -- > Regards, > > Matela Mthwalo > > > -- > You are subscribed. 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