Who's advising Malema?

On Tuesday a press conference was called by the ANC Youth League allegedly at the behest of TUMI MOKWENA INC., the legal representatives of our (I am a proud member of the ANC Youth League) President to "put to rest the issues raised". It was quite an occasion from the press snippets that I have seen and the pride and contentment on Floyd Shivambu was clear as day light. Unfortunately the press conference was a damp squib,

You see I am a proud member of the ANC and its youth league and I have been watching what has effectively been a public relations disaster engulfing our President. His advisors (not legal) have moved from one blunder to another and in the process have helped tear my President's reputation to shreds without even the assistance of the so called right wing journalists and media houses.

Mr. Malema's reputation is not and was not destroyed by you, the reactionary and white capitalist media, as you are called. My personal view is that he is surrounded by a bunch of clueless cronies who have perfected the art of public relations disasters. In fact they have set a new standard which I doubt will be surpassed anytime soon,

Mr. Malema might learn a thing or two from my experience growing up. You see when I was young you only went to school at the age of 7. Unfortunately I happened to be too smart and restless to wait my turn and so ended up attending school at 6. But the point here is that it later turned out that I excelled at school and because of my "intelligence" I did not want to socialize or spend time with people of my age when I was growing up. In fact I refused to take advice from them because they either, at best, knew what I knew or even less,

The moral of the story: do not surround yourself with people who see you as some hero or demigod and who do not know anything that you don't already know. Ask Mbeki. He surrounded himself with characters who saw him as the ultimate epitome of knowledge and not only did he get walloped in Polokwane, but one of his yes man earned himself the name of COMICAL ALI, the erstwhile Saddam regime minister who was hanged recently in Iraq.

You see a leader must surround himself with objective and clued-up advisors who will advise him correctly and not tell him to take them on even if he is on shaky ground. I am no PR expert but I know that whoever advised the President of the ANCYL to grant press interviews; insult the media; make contradictory denials; put his foot in his mouth left, right, west, east, north, south; and make other unimaginable twists and turns in trying to pluck himself out of the mess he finds himself in, must be fired immediately and be banished from within 100 metres of the President for at least 4 years.

I presume it is the same amateur who came up with the "brilliant" idea that the lawyer must now enter the fray and "clear" the matter and "put to rest the issues raised". In fact the primary focus of my article is the statement by the lawyer "clarifying" the issues. I must confess that when I heard him speak I was seized with two minds:-

1. Either he is joking or,

2. Worse he thinks the members of the public and the press are extreme lunatics,

But I must hasten to say my conclusion as to which one of the two is a secret that I am willing to take with me to the grave. In this article I am going to cast aside (for a moment and where needs be) my hat as a member of the ANC Youth League and don the one as a commercial lawyer who has done countless registrations and deregistrations of companies, directors and members. And yes there is a huge difference between a director and a member but do not worry I will reserve the legal and technical jargon for the appropriate fora,

Be that as it may I think the starting point is to make reference to the press statement by my Learned Colleague (we lawyers have our own language too) him being Mr. Mokoena, the lawyer of the Youth League President. I will confine myself to specific excerpts from the statement:

1. DE-REGISTRATION FROM VARIOUS COMPANIES so goes one heading and it goes on to say a lot of things but here is the clincher: " the official documents and website of CIPRO reflect the status of the said companies " de-registration in process". Well I took the liberty to do a search of the companies AND close corporations. Before I actually deal with the information that I found I am inclined to indicate the different between a company and or close corporation being deregistered and resignation as a member of a close corporation or director of a company. These two are worlds apart and if the document given to e.tv is purported to be proof that Mr. Malema resigned or is in the process of resigning, well, how does one put it diplomatically, there has been some hoodwinking going on,

All that the document confirms is this: the close corporation 101 JUNJUS TRADING CC of which my President remains a sole ACTIVE member (and not director) is being deregistered by CIPRO (not my President or his attorney) because it has failed to comply with the laws of the country and regulations issued by CIPRO under those laws. These require all registered close corporations and companies to lodge prescribed documents called annual returns. If anyone should take credit for this process it is CIPRO,

The documents further confirms that SGL ENGINEERING PROJECTS (PTY) LTD (for the uninitiated PTY LTD means Proprietary Limited and indicates that the company is registered as a private company) REGISTRATION NUMBER 2009/009206/07 (the 2009 depicts the year of registration) is in fact in business and my President (I am a youth league member remember) is still an active member. Here is another interesting fact: SGL ENGINEERING was a close corporation (CC) with registration number 2008/114232/23 (remember what I said about the year and what it means?) that was subsequently converted to SGL ENGINEERING PROJECTS (PTY) LTD.

Well you already knew that except: you did not know that when SGL ENGINEERING PROJECTS was still a close corporation the ONLY member was one LESIBA CUTHBERT GWANGWA according to the CIPRO records in my possession. Yes, no Sello Julius Malema until it became a company.

According to the records EVER ROARING INVESTMENT (PTY) LTD still has my President as a director even today.

Back to the press statement: it appears from the press statement that there has been what I call a colossal failure of common sense by everybody involved including the press that attended the briefing or rather that received the document purporting to prove the "deregistrations" (I mean resignation) of Mr. Malema from the close corporations and companies,

Equally as I indicated elsewhere above it also appears there has been a colossal failure of common sense from the "advisors" of my President in dealing with this issue. It is not for me to make your mind up for you dear reader on who is fooling who on this one. In conclusion and before you start to marvel at my supreme intelligence in coining such a phrase, I borrowed the phrase A COLOSSAL FAILURE OF COMMON SENSE from one Larry MacDonald, former employee of the now collapsed LEHMAN BROTHERS, an American behemoth that everybody thought was invincible until it crumbled and disappeared. No pun or ironies intended.

Dinga Nkhwashu is a practising commercial attorney and consultant in Limpopo province

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responses to this article

waste wasted three minutes of my life. Stick to ambulance chasing sir! by wast on March 04 2010, 17:10 Find this comment inappropriate? Report it

disgraced Malema, with his public interviews to quash the allegations of corruption against him, has disgraced himself. You do not do these things, if you know that you are not innocent. As things stand right now, Malema has failed completely to disprove the . .more allegations made against him. Prior to Polokwane we warned the leadership of the ANC that was coming to power. But the response that we received was: who the f***k do you think you are? As you lay the bed, so you must lie on it, the proverb goes. We also made warnings about the concept of cadre deployment but to no avail; and the country is going down the drain - it is imploding right in front of our faces, if you take into account the catastrophic consequences that might be caused by Eskom tariff hikes. Common sense must prevail and let white people run this country. I rest my case. . .less by passrby on March 04 2010, 17:32 Find this comment inappropriate? Report it

amazing dear mr Nkhwashu i like the article you wrote and the research you put into this, I i think you have a lot of brains, but it Amazes me that you still call yourself a proud menber of the youth league.after you came to these conclusions- if you mix . .more with dirt the pigs will eat you--what keeps you from leaving now. there is a difference between wisdom and clever---you are obviously clever, but wisdom is the ability do distinguise between good and bad. You see the facts , you tell us about it, but you cant convince yourself to let go---amazing . .less by proud member of ANC on March 04 2010, 19:35 Find this comment inappropriate? Report it

@Dinga Nkhwashu Being an attorney you're obviously educated. I can't see how an educated person can seriously be a member of the ANCYL, its irreconcilable. ANCYL represent the worst caricature of African despots. by Johan on March 04 2010, 19:52 Find this comment inappropriate? Report it

Dinga You're not real. You're having us on! by jsb on March 04 2010, 22:19 Find this comment inappropriate? Report it

@Dinga its not advisors mate, reality is ................. you cant shine sh!t by Realist on March 04 2010, 23:46 Find this comment inappropriate? Report it

advising Mall(?)ema Dingwa has a warped sense of loya;ty and commitment/ Hang Malema The petty demagogue and rabble rouser. He is despicable. Henry by Henry on March 05 2010, 00:18 Find this comment inappropriate? Report it

what to do if it is not there? Mr Dinga Nkhwashu, in any bigger business or even at home, when important decisions have to be taken, the leader (he who has to take the decision) needs to have the knowledge of the matter and has several options already in mind. ONLY THAN HE/SHE ASK . .more FOR ASSISTANCE ON ADVISERS, NOT BEFORE as this is already an indication that they do not understand. Your dear president Malema as well as his protector the country's president Zuma, don't have, in my view, any idea of the consequences of their words or actions. Now I can call them a washing line full of names but that doesn't help either. The only solution for your party is to replace them with competent and integer people. . .less by fc on March 05 2010, 06:54 Find this comment inappropriate? Report it

what to do if it is not there? what to do if it is not there? Mr Dinga Nkhwashu, in any bigger business or even at home, when important decisions have to be taken, the leader (he who has to take the decision) needs to have the knowledge of the matter and has several options already . .more in mind. ONLY THAN HE/SHE ASK FOR ASSISTANCE ON ADVISERS, NOT BEFORE as this is already an indication that they do not understand. Your dear president Malema as well as his protector the country's president Zuma, don't have, in my view, any idea of the consequences of their words or actions. Now I can call them a washing line full of names but that doesn't help either. The only solution for your party is to replace them with competent and integer people. . .less by fc on March 05 2010, 07:38 Find this comment inappropriate? Report it

Lack of spatial vision It seems that you are only embarrassed by the sheer stupidity your "Leader" is now synonymous with. What about his total lack of ethics or morals, for not mentioning his rapacious klepto tendencies? Are you also part of the tenderprenership . .more nomenklatura? If not, why aren't you exposing it so that your "party" can be saved from the near drowning in the sewer that is now immersed on? Being intelligent also precludes having some vision, especially spatial, which I seriously doubt that you are much endowed with. Otherwise, how could you allowed yourself to be involved and much less even being proud, as you affirm, of such thieving rubble? . .less by Injala Apera on March 05 2010, 08:24 Find this comment inappropriate? Report it

@fc Furthermore, on what you have said, a great leader, if his is a thesis, he does not ignore but take into account the anti-thesis and from there, he should project over the synthesis, and analyse both its qualitative or quantitative features, before . .more embarking on a particular path. This is what Malema should have done but did not. Now the conclusion on this saga, is that Malema's escapades are simply a reflection of regard he has for the ANCYL members, ANC and the public at large. It is good news to hear that Malema is not opposed to a lifestyle audit; he even mentioned in a radio interview that a lifestyle audit is not something new in South Africa; it is something law enforcement agencies have been doing all along. This is the moment for all divergent forces, to unite against one common enemy which is the scourge of corruption, and affirmative action which is used to camouflage nepotism and cronyism. . .less by passrsby on March 05 2010, 08:29 Find this comment inappropriate? Report it

Viva Comrade Nkhwashu!!! I am also a proud member of the Legacy of the ANC Youth League. The Legacy of Madiba, OR and other outstanding visionary leaders. Unfortunately the youth of our generation is being misled from all fronts, by the likes of Julius and other populists like . .more JZ. I just hope and pray that sanity will prevail amongst party members to seek men and women of integrity and vision to lead us out of the current quagmire. . .less by Zulu Dawn on March 05 2010, 08:38 Find this comment inappropriate? Report it

Confused I've read this piece of drivel twice and I still don't get the point. What are you saying, is he guilty or not? by James on March 05 2010, 08:51 Find this comment inappropriate? Report it

You are in the wrong crowd Dinga! Mr Nkhwashu, you are already preaching to the converted. I don't think there are many people out there who believe that the "white capitalist media" are destroying Malema's good reputation, he is doing it all by himself. It is even a sadder indictment on . .more him that he doesn't see the rubbish quality "advisers" he has, if indeed this is the case. I don't recall Malema being any different before. While head of Sasco he would lead mobs of rampaging "students" through the streets, trashing and looting. Afterwards we would have to listen to his bluster until the next time. This scumbag is a troublemaker and is bad news for this country. The fact that you Mr Nkhwashu associate yourself with these people doesn't say a lot for you. You are moving backwards, fast. . .less by Airwolf on March 05 2010, 09:16 Find this comment inappropriate? Report it

PR disaster JULIUS IS A PR DISASTER! by sc on March 05 2010, 09:25 Find this comment inappropriate? Report it

malema give him rope ..... by andre on March 05 2010, 09:30 Find this comment inappropriate? Report it

TOO BIG FOR HIS BOOTS It was just a matter of time before the ANCYL president stepped on wrong toes.I always say that in the game of chess there will be some pieces that are secrificed to protect the king.All these people that are now coming with concepts like . .more 'tenderpreneurship' knew about all this but it was just still premature to start the noice because they wanted Malema to first fight their battles with Mbeki .Now the goal has been achieved and they can now let go. Malema's situation is the same as that of the scorpions,after serving the purpose they were designed for they had nothing else to bite but the handlers. . .less by LUCKY NKHWASHU on March 05 2010, 10:43 Find this comment inappropriate? Report it

NKWASHU IS NOT A ANCYL MEMBER Whom do you want to please mr nkwashu. You were suppose to write this to the office of the Spokesporson(Floyd) if you were a true comrade.Whatever you want to achieve,its none of our business. by Welcome on March 05 2010, 11:54 Find this comment inappropriate? Report it

Melema Melema is obviously an ignorant buffoon which he has made manifest on numerous occasions. He is so ignorant that he does not know anybody is entitled to obtain the details of any property in South Africa. It is a matter of public record by Robert on March 05 2010, 12:27 Find this comment inappropriate? Report it

@WELCOME Blind loyalty is very dangerous so please remove the vail in your face and deal with issues realisticlly. by LUCKY NKHWASHU on March 05 2010, 12:31 Find this comment inappropriate? Report it

@Confused Not Guilty at the time that the company recieved the tenders he was not part of it, he only became a part of the company when it was registered as a Pty Ltd last year. Now most people wonder why the is such racial anymosity in this country all . .more the people especially white that have assuming he was guilty and calling him names are not even apologetic about that the same way they tell us "apartheid is over stop crying about it" when most Jewish people are still ridding on the Holocast and what Hitler did after half a century. . .less by Nolo on March 05 2010, 12:49 Find this comment inappropriate? Report it

@Welcome Did you really call him "Comrade"? How funny, its 2010 Che Guevarra, I doubt there are any Communists left. You need to westernise...! by John on March 05 2010, 12:51 Find this comment inappropriate? Report it

Melenoma I heard this morning that our Melenomafriend has had his Tax information sealed to only the upper eshelons of SARS. Another ANC cover up in progress. by vito on March 05 2010, 13:09 Find this comment inappropriate? Report it

Another potential client running away Mr Nkhwashu what you just have just done was already done by Malema's lawyer and indeed many other African lawyers before you (Mpshe, Ngquka, etc) is to confirm yet again why even the ANC bigwigs never brief African legal representation. I think you . .more actually misadvertised your services as a legal consultant (I hope not engineering) if that was what you were planning to achieve. Let me tell you why, first your arguments are erratic for one who is supose to be applying a logical train of thought in everyday life. Second for one who is supposed to be a practicing commercial lawyer you simply lack the basics of commercial law that is of general knowledge even to a lay man. NO a close corporation is not required to lodge anual returns only a company is obliged to do so and a company does not have members but shareholders. You mention that you will be confining yourself to specific excerptS, but you only advance one. Sadly, our white compatriots never really understand that there are brilliant idiots in any community and paint all of us wth the same brush. I know a number of African council Mr Nkhwashu with sharp legal minds and my thought, seek them out and learn and before rushing to consult without proper grounding. I bet you are a consultant to Limpopo government, another ANCYL tenderpreneur? . .less by Counter revolutionary on March 05 2010, 13:09 Find this comment inappropriate? Report it

Malema Squawk Box Malema has watched and learnt from his elders that he so reveres. They have not set him a good example. He parrots their historic socialist bitterness to the masses but accumulates his own wealth like any self serving capitalist. The hypocrisy is . .more breathtaking. He may not be a Member of Parliament or MEC but as President of the ANCYL he is very much a high profile politician with a public platform bought and paid for by the ANC. If he has ambitions for higher public office, the taxpaying public are entitled to know what sort person he is and whether he is living according to the laws of the land or abusing his status for personal gain. These are the same laws which his own party have diligently devised for the last 15 years in government. His behaviour is little different from the other ANC cadres who act as if that these laws do not apply to the ANC elite and their " backers" but may be flouted when inconvenient to their income streams. The NPA, Hawks, Auditor General, CIPRO and SARS must maintain their independence without fear, favour or political interference. The ANC wrote the law - now they must set the example and ensure that all their leaders and supporters are first to comply. SA deserves a squeaky clean transparent government to match the high-minded rhetoric of its elected leaders. . .less by Mayday on March 05 2010, 14:10 Find this comment inappropriate? Report it

Don't write until I tell you to Mr Nkhwashu, from reading your above article I can deduce that you are a young man still excited about being a laywer and who thinks highly of himself that you end up pompous. My brother I guess your suggestions and your opinions are good for your branch . .more meetings, if you can bahave and manage to overcome your vanity. You still need to work hard to improve your writing skills so that you can just stick to the point and stop impressing yourself. To be honest you sound more like a freak to me who is excited by his private parts, the way you go about talking about yourself. You are not in Malema's league. Malema worked hard to get where he is now - stupid or not stupid. So don't think that by earning a varsity degree you have a lincence to kill. You still need to work starting at the branch level like everyone else. If you seriously have something to say to your President, I suggest that you consider writing a league an email not thru the press, chancer! . .less by Advisor to Mr Dinga Nkhwashu on March 05 2010, 14:13 Find this comment inappropriate? Report it

Well one. As I said last week, not enough investigative reporting, start digging journos you will pick up a lot more dirt on this piece of trash. by Koos on March 05 2010, 14:54 Find this comment inappropriate? Report it

This is shocking I am shocked. Malema must be a horrible man. Many peoples think he is good guy but he fools them. He is a traitor to his peoples. He must resign. by Joseph on March 05 2010, 17:00 Find this comment inappropriate? Report it

@Advisor to Mr Dinga Nkhwashu He worked hard at doing what exactly? Talking S*** to idiots does not count as "working". by Jeff on March 05 2010, 18:27 Find this comment inappropriate? Report it

ANCYL Zulu Dawn & Other supporters of ANCYL Actually this debate above indicates a number of things, one in particular, ANC(All Branches) Members stick to the ANC simply because of it's name, knowing that the leaders voice never-ending C***. . .more This is a known phenomenon and it happened with the dry-hard idiots that let the supporters of the National Party to the dump the present dreadful government on us all. Bad Politics and it's blind supporters are the C*** that drag the best things down and destroy the morals of society. . .less by RE Pretoria on March 05 2010, 18:34 Find this comment inappropriate? Report it

Malama Me thinks the members of the ANCYL who see and understand Malema and his cronies for the idiots that they are, are plainly the S*** scared of the ANC 'Mafia' to kick these idiots out and come up with something decent. Get off your asses and do . .more something better . .less by WHO??? on March 05 2010, 18:46 Find this comment inappropriate? Report it

Making all Black people look like Idiots When nobody questions this Malema Clown and every black person (even educated ones) think he is a hero,then we are left with no other option but to wonder what the problem is. When white people criticise certain dubious black people its not cos they . .more are black, its co they are dubious. We criticise each other constantly, that does not mean we have low self-esteems or hate the white race. The sooner black people stop forming racist organisations like the BMF etc and swear elegance to outdated organisations like the ANC and its kindergarten, the sooner white people will take you seriously. Hang the corrupt ar&&^*holes out to dry (white or black) and lets get this country going again. . .less by Fred on March 08 2010, 10:46 Find this comment inappropriate? Report it

@ADVISOR I read the article over and over again and i can't find what you are ranting about but only get an impression that you are either blind or one of the advisors or down right stupid and does not want to face facts. by LUCKY NKHWASHU on March 08 2010, 16:22 Find this comment inappropriate? Report it

Malema To me it is obvious that here we have our own clone of the Americam Mafia with Sello Julius MALEMA as the local Godfather! That is all that he is - a thug, gangster and he thinks he is untouchable. Well unless the common man (and woman) resist . .more this, he will be untouchable and we will be touched by all he and the rest of the RSA Mafia clones. . .less by Eagle on March 08 2010, 18:36 Find this comment inappropriate? Report it

some intelligent responses, but lets take the arguement down to his level Julius Malema looks exactly like a mongoloid, he has an unusually fat face - are you sure he isn't retarded? by Snow on March 09 2010, 14:48 Find this comment inappropriate? Report it

ANCYL DOING A GOOD JOB AncYL is making sure Malema does not get re-elected in 2011. So they guiding him to mess up his cridentials day by day.... Big ups Ancyl... I see Artificial Consipiracy by WICKED NKOSI on March 16 2010, 16:28 Find this comment inappropriate? Report it

advice I find it very amusing that anyone could actually think that Julius is being adviced by someone or from somewhere. Everything coming from foull mouth fickle tells me that he is not advised. Even a very dof person will not confirm other people's . .more suscpicions by opening his/her mouth to utter the garbagge Julie does against the advice of others. The only logical conclusion is that Julie the bullie is very, very, very, very and uterly very dof. . .less by lastlaugh on April 17 2010, 18:38 Find this comment inappropriate? Report it

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