As the City of Johannesburg tries for the second time to elect a new mayor, the IFP may not have its own candidate in contention for the top job but it will be one of the parties in the spotlight with both the DA and ANC confident of securing the support of the fourth largest party in council. 

While the EFF, with its 30 seats, carries significant weight, the IFP’s five seats will be invaluable to both the ANC and DA in their attempts to garner enough support in the hung council.

Of the 269 seats filled (one seat is vacant due to the death of an ANC member), the ANC occupies 121 of those, with the DA holding 103. The African Independent Congress (AIC), which is in coalition with the ANC in the City of Ekurhuleni, holds four seats, while six other parties hold one seat each. Every vote on offer will count on Wednesday.

A senior IFP leader in Gauteng has told News24 the party was still waiting on the DA’s decision regarding its demands. 

The IFP wants to head two portfolios in the municipality, namely human settlements and transport.

‘We want our old portfolios back’

“It’s very easy for us. We have told both the ANC and the DA what we want. The ANC has no problem, but the DA has asked us to wait for a decision. We are not being difficult. We want our old portfolios back,” said the leader.

He added the party was also receiving mixed messages from the DA’s leadership. 

“In the province, they are telling us they will be happy to give us what we want but national leaders are saying we should wait. It shows that the centre is not holding.” 

The DA maintained it had a strong coalition agreement with the IFP, with of its provincial leaders saying it had the assurance of the IFP’s national leaders. 

While there have been no details regarding the ANC’s own agreement with the IFP and other smaller parties, it is understood portfolios will be shared among those organisations in its coalition.

The ANC, while confident, remains cautious about the future, with some party officials saying there was no surety the IFP would not get a sweeter deal from the DA and thus remain in a coalition with it.

“The PEC [provincial executive committee] has been in talks with the IFP. There is really no telling what they will decide. You never know. I expect the IFP will make a last-minute decision,” an ANC regional insider said. 

The EFF has kept its cards close to its chest after attempting – and failing – to negotiate with ANC secretary-general Ace Magashule at last week’s sitting. 

The two parties could not agree on the ANC’s mayoral candidate, Geoff Makhubo, with the EFF also insisting the ANC did not have the numbers to take over from the DA without its assistance.

City speaker Vasco da Gama postponed the special council sitting last Thursday, saying he needed to get a legal opinion on the interpretation of what constituted a majority due to conflicting interpretations of the Municipal Structures Act and council regulations.

‘Victory was certain’

Several small parties backing the ANC, including the AIC, Patriotic Alliance and Al Jamah, remained confident “victory was certain”. However, one leader told News24 the ANC and its smaller partners were not keen to have the EFF dictating who should be the new mayor, fearing he would be beholden to the red berets.

“It’s important to defeat the EFF tomorrow. They don’t have the support, no smaller parties and even if they hold the DA to ransom and it supports them, they won’t win,” he said. 

The ANC insider, however, said the EFF should abstain from voting on Wednesday if it wanted the ANC’s support in Tshwane. 

“We will not give them Johannesburg. It would be better for us to give them Tshwane if it comes to that. We must keep in mind that we have an opportunity to take back these metros in 2021. If we take over the mess in Tshwane now, the electorate will not remember what the DA has done, they will identify us with the troubles in the metro. If the EFF wants it, we can negotiate. The door is not closed,” the ANC insider said.

Police have arrested a man for allegedly killing a person at the Menlyn Maine shopping centre in Pretoria on Monday.

The shooting took place in the parking lot.

Police spokesperson Brigadier Mathapelo Peters said they had arrested a 45-year-old man in relation to the fatal shooting of another man around midday on Monday.

“It is alleged that the deceased was with two other men at Menlyn Maine, when one of them approached the suspect. An altercation ensued between the men. Preliminary reports further indicate that the suspect retreated to his vehicle and returned with a firearm, and fired more than one shot at the deceased who was attempting to diffuse the situation. The man was declared dead on the scene.

“Police have seized the firearm used by the suspect for further investigation, while the motive is yet to be determined. The arrested suspect will appear in the Pretoria Magistrate’s Court in due course on a charge of murder,” said Peters.

I witnessed the Menlyn Maine shooting at close range. I am sooo shook. I don’t think I have ever cried so much. ??

— Siphokazi Bhengu (@sipzie1) December 2, 2019

Menlyn Maine right now, fights and gunshots ?????? this is scary let me run for my life!! pic.twitter.com/IfPAIOlubR

— Man’s_Lowkey (@IzzyMabogo) December 2, 2019

One afternoon in late 2011 an employee of a Polokwane businessman sat in a car at a dusty construction site in the suburb of Welgelegen – and waited.  

After a while, two men approached in the car, the employee got out and went to the driver’s side window. The driver wound down the window, took the proffered bag stuffed with cash and promptly left.

The man who took the cash was Lesiba Gwangwa, the boss of On-Point Engineering.

His passenger was Julius Malema.

At the time, Malema was the president of the ANC Youth League. He was expelled from the ANC in 2012. Gwangwa, an engineer, has been described as his friend.

It is unclear if the cash in the bag was for his benefit, but it is clear that Gwangwa’s employee would, during the course of 2011 and 2012, on several occasions deposit money into a bank account registered to the Ratanang Family Trust. The total amount of Malema’s alleged windfall runs well into the millions.  

These explosive allegations are contained in a never-seen-before affidavit one of Gwangwa’s employees deposed to, which News24 has obtained, and it sets out, in even greater detail, that Malema’s lifestyle was funded by Gwangwa with money from Limpopo’s public coffers. 

Malema refused to respond to a list of questions sent to him last week.

Through Ratanang, Malema held an indirect shareholding in On-Point Engineering, a company that was awarded a R50m tender by the Limpopo Department of Roads and Transport in 2009 to run the department’s project management unit. On-Point sat on the bid evaluation committee that decided who would be awarded department tenders.

According to the original 2012 charge sheet the National Prosecuting Authority (NPA) drew up, Malema’s Ratanang was paid R3.1m by On-Point, R1m by a service provider On-Point had appointed in its role of project manager and he received the Schuilkraal farm at a value of R3.9m.

These service providers, the original 2012 charge sheet shows, made payments to companies owned by Gwangwa’s Guilder Group, and some of these funds were used for Malema’s benefit.

Over and above the cash payments to Ratanang, which in 2012 was among the reasons the  NPA charged Malema with corruption, this new evidence suggests that Malema may have gotten far more from Gwangwa and his companies than was originally thought.

From a R1m Mercedes Benz Viano, tyres for his luxury German sedan, a chartered jet, holidays in Zimbali and even legal fees, Malema seemingly wanted for nothing.

One payment from a service provider On-Point was involved in appointing, was made to a Mercedes dealership and this payment formed part of the original 2012 charge sheet, but the new affidavit sets out in detail that the full amount for the Viano was paid via various entities under Gwangwa’s control.

As a result of the alleged On-Point scheme, Malema, Gwangwa as well as another director of On-Point, Kagisho Dichabe, made multiple appearances before the Limpopo High Court in Polokwane on charges relating to alleged fraud, corruption, racketeering and money laundering. 

Malema was dragged before a tax inquiry by the South African Revenue Service resulting in a substantial tax assessment of R16m being raised against him for failing to declare his income properly between 2005 and 2011.

In August 2015, the NPA’s Asset Forfeiture Unit finalised the auctioning of Malema’s farm, Schuilkraal, which the NPA alleged was acquired by or for Malema through a “money laundering scheme”.

Also in 2015 the Polokwane judge, Billy Mothle, decided he would not allow the NPA to seek another postponement and he struck the case from the roll on August 4.

Now more than four years later, acting national deputy director of public prosecutions for Gauteng, advocate George Baloyi, wrote to AfriForum’s Kallie Kriel earlier this month, confirming that charges had been reinstated against Gwangwa, the company On-Point and Dichabe.

Malema and Gwangwa co-owned On-Point – Malema’s shareholding was held through the Ratanang Family Trust, and Gwangwa’s through the Gwangwa Family Trust, both of which held shares in Guilder Investments, which in turn owned 100% of On-Point

But, Baloyi’s letter confirmed, Malema would not be in the dock. 

Unseen evidence

This affidavit, deposed by a former employee of Gwangwa’s in July 2012 and provided to law enforcement agencies involved in the legal proceedings around Malema’s financial affairs has revealed new evidence of his alleged involvement in corruption and poses more questions about the NPA’s dropping of charges against the EFF leader.

The affidavit suggests that Gwangwa took care of Malema’s every need, from paying the attorney’s transfer costs (R986 418) for the purchase of his farm Schuilkraal that was later seized and the costs of the architects (Cimado Moroldo Architects) that designed Malema’s Sandown mansion, that was also later auctioned to pay his tax bill.

The affidavit further alleges that, over and above at least 12 payments in cash to Ratanang, Gwangwa through his various companies also provided the following alleged benefits to Malema:

• Bought and maintained a black Mercedes Benz Viano minibus used by Malema at a cost of nearly R1m in August 2011

• Paid for the construction costs of Malema’s Sandown mansion as of February 2011. The house was later auctioned for R5m to pay Malema’s tax bill

• Paid for Malema’s bodyguards from February 2011

• Bought and maintained a Ford Focus used by Malema’s bodyguards in Polokwane, and a Polo Vivo used in Johannesburg

• Malema and his bodyguards had full use of a petrol card registered to On-Point

• Bought and maintained a Chevrolet Spark used by a “Tumi” in Johannesburg

• Bought Malema designer clothing, including one shopping trip to the value of R100 000 at boutique outlet Vigano

• Made numerous payments to Brian Khan, an attorney Malema used during his tax inquiry. Funds were later paid from Khan to SARS as part of a settlement of Malema’s tax affairs, but SARS later revoked the settlement on the basis that Malema was not honest about the source of the funds

• Chartered a jet for Malema in July 2011 at a cost of R88 000 and paid for holiday accommodation at Zimbali, as well as various other travel and accommodation costs

• In August 2011, a Gwangwa company paid the salaries of Malema’s housekeeper and gardener

• In October 2011, Gwangwa paid for Malema’s legal fees in respect of an urgent interdict Malema wanted to bring against City Press to stop the publication of an article related directly to allegations of corruption involving Malema, On Point and Gwangwa. Malema’s application failed, and he was ordered to pay costs for Media24, City Press’ parent company

• Rented vehicles from Badiredi Travel for Malema’s bodyguards as and when needed

• Paid Schuilkraal farm’s electricity bill

• Bought R135 000 worth of furniture for Malema’s home in January 2011

• Paid for repairs on a Mini Cooper used by Malema in August 2011

•  Paid for Malema’s auditors, SAB&T

The employee’s evidence sits in stark contrast to historical denials by Malema and Gwangwa. Malema, it had been believed, benefited from On-Point because he was a shareholder through the Ratanang Family Trust.

But the employee claims many of the services Gwangwa paid for were not from the On-Point account – instead, other companies in his Guilder Group picked up the tab.

Malema did not respond to a series of questions e-mailed to him and his long-time attorney Ian Levitt last week, in which explanations for the various costs Gwangwa carried for him were sought. Gwangwa similarly did not respond at the time of writing.

The NPA, through spokesperson Phindi Mjonondwane, would also not respond to detailed questions over its decision to forestall Malema’s prosecution.

No response was forthcoming when News24 asked whether the NPA was afraid to prosecute Malema or if the evidence at its disposal had changed in a material way since the matter was struck off the roll in 2015.

Instead, Mjonondwane said, Malema’s tax affairs and “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”.

In other words, while Gwangwa may have used public money paid to On-Point to pay Malema’s expenses, the NPA was not of the opinion these facts were crucial to prove On-Point committed fraud.

“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.

The NPA would not respond to further questions seeking clarity on why it had previously charged Malema but won’t reinstate charges against him now.

*Do you have a tip for our investigative journalists? Send an e-mail to tips@24.com

The family of Uyinene Mrwetyana, who was raped and murdered by Luyanda Botha at a post office in Cape Town in August, say they hope to convert it into a wellness centre.

But Uyinene’s mother, Nomangwane, was quick to issue a caveat: “… only time will tell.”

This as the family of the slain University of Cape Town student launched the Uyinene Mrwetyana Foundation in Makhanda, the Eastern Cape, on Friday.

Speaking at the launch, Nomangwane said the long-term goal for the family “is to convert the [Clareinch] post office from a place of trauma to a place of healing … yes the very same post office.”

Uyinene’s rape and murder at the hands of Botha angered a nation already grappling with an unparalleled rate of violence against women and children.

Many pinned the reaction to her death, which culminated in the #AmINext movement, down to the fact that it happened while the first-year student was running day-to-day errands – picking up a parcel from the post office.

^{Uyinene Mrwetyana. (Supplied)} 

Botha was handed three life terms by the Western Cape High Court two weeks ago after pleading guilty to Uyinene’s rape and murder. He will not be eligible for parole for 25 years.

Friday’s launch of the foundation was preceded by a solidarity walk through the streets of Makhanda. 

“The foundation will enable us to strategically partner with multiple stakeholders in fighting the scourge of gender-based violence and capacitate young people to stand up against women abuse in our communities,” Nomangwane said.

The foundation will focus on gender-based violence prevention, provide holistic support services to survivors and focus on youth leadership development.

The duchess of Sussex, Meghan Markle, and executive director of United Nations Women Phumzile Mlambo-Ngcuka shared messages of support for the foundation via a video link-up.