- The National Prosecuting Authority (NPA) has decided not to prosecute Malema with alleged fraud charges
- The NPA is, however, charging On Point Engineering for alleged fraudulent activities
- An affidavit which was deposed by a former employee of On Point Engineering's CEO contains evidence of alleged benefits which Malema received
Shocking allegations against Julius Malema have emerged in an affidavit which was deposed by an employee of Lesiba Gwangwa, CEO of On-Point Engineering.
The affidavit places Malema at a meeting where Gwangwa was offered a bag full of cash while Malema sat in the passenger seat of Gwangwa's car.
Briefly.co.za learned that this was in 2011 when Malema was still president of the ANC Youth League. The affidavit does not say if Malema directly received the money in the bag but what is known is that Gwangwa's employee would make several deposits into the Ratanang Family Trust, which belongs to Malema, between 2011 and 2012.
In 2009 On-Point was awarded a R50m tender by the Limpopo Department of Roads and Transport. On-Point was also on the committee which decided which companies would receive tenders.
Malema also held indirect shares in On-Point Engineering though Ratanang. The original charge sheet that the NPA drew up in 2012 reflects an amount of R3.1m paid by Om-Point to the Ratanang Family Trust.
The affidavit deposed by the employee of Gwangwa goes on to list a large number of benefits that Malema allegedly received from On-Point. This evidence was not used in the NPA recent case against Malema but the NPA has decided to proceed with prosecuting On-Point for allegations of fraud according to News24.com.
The list of alleged benefits Malema received is as follows:
- At least 12 payments in cash to the Ratanang Family Trust.
- A black Mercedes, bought and maintained, at an estimated cost of R1m.
- The construction of Malema's Sandown mansion.
- Paid for Malema's bodyguards and the cars they used.
- Designer clothing
- In August 2011 Gwangwa paid for Malema's gardener and housekeeper.
- Electricity bills, car tyres, furniture and legal fees.
These alleged benefits were always directly paid by On-Point. Malema had not responded to questions emailed to him regarding the affidavit.
The NPA chose not to use this evidence in a case against Malema because according to NPA spokesperson Phindi Mjonondwane:
"The alleged benefits of the proceeds of unlawful activities from On-Point Engineering are not essential elements of the crime of fraud which was committed against the Limpopo Department of Roads and Transport”
"It would be inappropriate to discuss the merits/facts of the matter and subject the would-be accused [Malema] to a trial through the media," Mjonondwane added.
"The management of the Ratanang trust funds by Mr Malema is the subject of ongoing investigation. A decision whether to prosecute regarding those activities will be taken once the investigations have been completed," she said.
Recently, Briefly.co.za reported on EFF leader Julius Malema claiming the documents used in a recent report detailing allegations of suspicious financial activities were illegally obtained.
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