Malema to face sequestration battle alone

By Gertrude Makhafola Time of article published Jun 1, 2015

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Pretoria - The judge hearing the sequestration matter involving Economic Freedom Fighters (EFF) leader Julius Malema on Monday dismissed an application by a trust fund to intervene in Malema’s battle against tax authorities.

Judge Gregory Wright on Monday dismissed the application by the Julius Sello Malema (JSM) Trust Fund to intervene in the EFF leader’s tax matter being heard in the High Court in Pretoria.

EFF chairman and lawyer Dali Mpofu brought the application by the JSM Trust to intervene in the matter, saying it was in the interests of the trust to intervene in the case where the court was expected to decide on whether to make final a provisional sequestration order against Malema. In February last year, the court issued a provisional sequestration order against the EFF leader for a reported R16 million in tax debt.

Mpofu brought the application on behalf of the chairwoman of the trust, Mandisa Mashego, who is also an EFF MPL in the Gauteng legislature. The trust fund was started last year to raise money for Malema’s tax woes.

But Wright said: “In the application by Mandisa Mashego to intervene, the reasons are not explained satisfactorily, and are dismissed with costs.”

Wright had also dismissed with costs an earlier application brought by the EFF to intervene in the matter. He had told Vuyani Ngalwana, for the EFF, that his reasons why the application was submitted so late were not satisfactory.

owever, later on Monday Wright recalled his order for dismissal of the application, instead ruling that it be struck off the roll regarding its urgency.

“I recall my earlier order (against the EFF), it is now struck off the roll regarding its urgency,” Wright said.

Advocate Piet Louw, for Malema, had told the court that he supported both applications to intervene in the matter. Regarding the trust, Louw said it received money from ordinary donors across the country and from members of the EFF.

He said Malema’s case was a “special case”.

“We have here a respondent whose application says ‘you owe us the debt’ and someone else coming in and saying ‘I am the one who owes the debt as the trust’, I support the second application,” Louw said.

The EFF party leadership and supporters were in court in support of Malema with EFF MP and spokesman Mbuyiseni Ndlozi and MPs Floyd Shivambu and Godrich Gardee listening to proceedings.

Advocate Nic Maritz, for Sars, was set to argue his case against Malema. The revenue collector wanted a provisional sequestration order made against Malema over his outstanding tax bill to be made final.

ANA

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