Malema safe on self-incrimination

If Julius Malema provided self-incriminating evidence during proceedings related to his tax affairs, this would not be used against him in his criminal case, according to court papers.

 

The papers were filed by curators Cloete Murray and Avuwe Ndyamara, who have applied for an order against the Economic Freedom Fighters' leader.

 

The order, if granted, would compel Malema to answer questions about some of his assets, which the curators believed he could have hidden from the SA Revenue Service (Sars).

 

In the court documents, Murray writes: "According to the applicants [the curators], the order should be interpreted so as to compel the first respondent [Malema] to answer self-incriminating questions on the basis that the self-incriminating evidence will be given at a closed and private inquiry and cannot be used against him in criminal proceedings."

 

This clause was included after Malema refused to answer certain questions during court proceedings in May. If the court agreed to these conditions, a magistrate in a regional court would be bound by the order.

 

Earlier Sars spokesman Adrian Lackay confirmed that Murray and Ndyamara filed the application last week. The two were appointed by the Master of the High Court in Pretoria to trace Malema's assets. 

 

Sars obtained a judgment against the former ANC Youth League president earlier in the year, in connection with his outstanding R16 million tax bill.

 

Lackay said: "As a creditor Sars has an interest in the relief sought by the curators before court, as these efforts may eventually contribute to the recovery of outstanding tax by the individual."

 

Sars attached some of Malema's properties to recoup this debt. In May, his incomplete mansion in Sandton, Johannesburg, was sold on auction for R5.9m. His farm in Limpopo fetched R2.5m at an auction in June. Several of his household goods were auctioned off earlier this year.

 

Malema's lawyer Tumi Mokwena could not immediately be reached for comment.

 

-Sapa