Vavi leads calls for investigations of Malema

So concerned about news of the trust becoming public knowledge was Malema that he sought to obtain an urgent interdict against the newspaper after receiving a set of detailed questions, including whether he received cash from contractors, individuals and politicians into the family trust in exchange for securing them deals, protecting them 'politically' or 'pushing their political agendas'. In addition, notes a report in the Sunday Times, the ANC Youth League leader refuted claims that he charged a fee of at least 45% of the total profit made from tenders that he secured. Judge Colin Lamont dismissed Malema's application at the South Gauteng High Court with costs, finding that the questions posed by City Press to Malema were sufficiently clear and detailed. In addition, they would have been easy for Malema to answer, he said. City Press assistant editor Adriaan Basson is quoted as saying: 'We are very happy. We think it is a great victory for freedom of speech.' Full Sunday Times report

Lamont found 'the public has a right to full disclosure on people in public positions, high-profile people and those who invite comment about themselves'. According to a report in The Sunday Independent, he said Malema was a high-profile, public figure. 'He has made controversial statements at times. At the moment there is a discussion in the press as to whether or not his income justifies his expenses.' The judge said Malema was a 'public person and intrusion into his private life is warranted', notes the report. Malema did not deal with the allegations in court papers, prompting the newspaper to launch a counter-application requesting the details of interests of the Ratanang Family Trust, of which Malema is the sole trustee. In an affidavit, the editor of City Press requests details of stakes in property, companies and corporations along with bank statements from May 2008 to date. 'Even on the strength of nothing more than the transactions performed on any such bank accounts, the inference can be drawn as to the nature of the income that the applicant enjoys through this conduit,' the editor says. The counter-application was postponed until both sides have drawn up full court papers. Basson said the ruling was important because it supported the argument that public money, once paid into a private account, did not become private money. 'Malema must now tell the nation where he gets his money from,' Basson is quoted as saying. Full report in The Sunday Independent See also report in Rapport

The City Press report says the secret family trust may explain how he has been bankrolling his lavish lifestyle. It says the Ratanang Family Trust, named after Malema's five-year-old son, was registered at the Office of the Master of the High Court in Pretoria on 13 May 2008, five weeks after he was elected president of the Youth League. The paper quotes independent sources as saying the trust was a vehicle used by Malema and his benefactors to fund his lifestyle. 'Thousands of rands' are deposited into the account on a regular basis, they reportedly told City Press . One source said: 'Frequent deposits are being made from different banks, especially in Limpopo.' The other source, a seasoned businessman who moves in Malema's circle of friends and associates, reportedly told the paper 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. Malema denied that the trust was being used to launder illicit funds, but declined to divulge its purpose or bank balance. Full City Press report

The expensive car used by Malema is a 'gift of appreciation' from a construction boss who has obtained state tenders worth more than R200m in Limpopo, according to reports in both City Press and Rapport. They note that Matome Hlabioa, of MPPJ Property Development, admitted that the Range Rover used by Malema is his. Hlabioa also bragged that this was not the first gift he has given Malema, but denied that the gifts were aimed at clinching contracts in Malema's home province. 'He (Malema) has been driving with my cars long before he became president (of the ANC Youth League). If Julius needs something like a car, I give it to him,' Hlabioa is quoted as saying. He apparently also shares business interests with Limpopo Premier Cassel Mathale. The newspapers claim to have seen documents detailing the success story of MPPJ since Malema's election as ANCYL leader in 2008. An unnamed source is quoted as saying Hlabioa has to reward Malema to maintain the mutually advantageous relationship. Former provincial ANCYL leader and once friend of Malema, Lehlogonolo Masoga, said the facts speak for themselves. 'There's no such thing as a free lunch.' Full report in Rapport Full City Press report

City Press says it has discovered official records that show that MPPJ's success in housing tenders enjoyed a winning trajectory that mirrored Malema's rise in political power from 2008. The paper reports Limpopo contracts MPPJ won include: a R115m housing tender to complete low-cost houses in Mopani and Waterberg district municipalities in Limpopo in the 2007/08 financial year; a R15.4m tender in the Waterberg district municipality in 2007; a R3.35m tender from Public Works for work in the Greater Giyani district in 2008; a R11.6m housing tender for the Mogalakwena local municipality for 300 units in the 2008/09 financial year; a R12.9m tender for additions and renovations at a primary school last year; a R15.9m tender for work at another primary school last year; and a R38.2m housing tender for 700 units in Greater Marble Hall local municipality, also during last year. Full City Press report

The report also reveals that Malema paid R900 000 cash for a plot of land last June - a plot it turns out is under a land claim by four Limpopo communities. Eddie Mohoebi, spokesperson for the Rural Development and Land Reform Department, confirmed that Palmietfontein was under a claim. City Press says two communities lodged separate claims for the 3.5 hectare farm near the Silicon Smelters outside Polokwane between October 1995 and October 1998. The Ratanang Family Trust, of which Malema is the sole trustee, bought portion 79 of the farm a year ago. Mohoebi told the paper the value of the entire Palmietfontein farm or portion 79 was 'unknown' because 'the valuation of the property had not yet been conducted'. Full City press report

Concerned institutions have called not only for a probe of Malema's finances, but also for a fraud investigation of the Youth League leader. Cosatu secretary general Zwelinzima Vavi urged the ANC ethics committee to investigate Malema, notes a report in The Times. 'The taxman, the police and the Special Investigating Unit must conduct full lifestyle audits and not only look into possible tax avoidance,' the labour federation leader added. 'A message has to be sent out that nobody is above the law.' ANC national spokesperson Jackson Mthembu said Malema would have to explain himself to the party. Civil rights movement AfriForum laid criminal charges of corruption against Malema, and the DA said the Public Protector should investigate him, notes the report. AfriForum CEO Kallie Kriel told the paper the charges he had laid related to contraventions of the Prevention and Combating of Corrupt Activities Act. 'We believe that, even if it were not for the allegations in City Press, the police should still investigate his lifestyle. In terms of the Act, when a person's lifestyle is disproportionate to that person's known income, this alone warrants an investigation,' he said. The DA's Dianne Kohler Barnard said she would ask Public Protector Thuli Madonsela to investigate whether Malema had 'been party to large-scale tender manipulation, bribery and corruption'. 'It could mean that Malema has been actively involved in tender fraud to the tune of hundreds of millions of rands. It is in the public interest to know whether political leaders are involved in corrupt, self-serving practices,' she said. Kohler Barnard also said she would contact SARS 'every week' until a probe was undertaken into how Malema had gone from 'zero to a rich man in two years'. Full report in The Times See also a Beeld report