Sandton businessman Zesimdumise “Ze” Nxumalo has said EFF leader Julius Malema “did not deliver cash or whisky” to Jotham “Mswazi” Msibi and “never handed over R80,000 in a Louis Vuitton bag”.
In a confirmatory affidavit obtained by Business Day, Nxumalo said he introduced Malema to Msibi and meetings between them “always took place in my presence”. He said the three met at Uvivi Lodge in Hammanskraal and at locations in Sandton and Johannesburg.
The affidavit forms part of a defamation case before the Gauteng High Court between Malema and PA president Kenny Kunene. Malema is seeking a retraction and apology after Kunene alleged he delivered cash and other items to Msibi, who is described in court papers as a central figure in a network linked to the “Big Five” cartel.
Kunene’s answering papers rely on affidavits from two witnesses, including Tshepo Molekoa, who described himself as Msibi’s associate and caregiver. Molekoa alleged he saw Malema at Msibi-linked properties on many occasions, including late at night, and claimed he was instructed to open and count money contained in a Louis Vuitton bag allegedly brought by Malema, estimating the amount at about R80,000.
A second witness, referenced in court papers, similarly alleged Malema made repeated visits to Msibi and delivered cash and luxury items, including whisky. These accounts form the basis of Kunene’s defence that his statements are substantially true and should be tested through oral evidence.
Malema disputed the allegations, stating in court papers that they are false and defamatory and amount to unsubstantiated claims of criminal conduct. Kunene has not withdrawn the statements and maintained they should be tested in court.
Nxumalo’s affidavit is filed in support of Malema’s case and directly addresses the claims. He said all meetings between Malema and Msibi took place in his presence and confirmed the contents of Malema’s replying affidavit insofar as they relate to him.
Nxumalo has also been named in testimony before the Madlanga commission of inquiry. Evidence presented to the commission includes allegations that he had access to internal police documents, communicated directly with police officials and attempted to influence arrests. Testimony has also linked him to the circulation of information relating to a Tshwane metro police tender.
The allegations form part of broader evidence before the commission linking Nxumalo to networks accused of influencing policing and procurement processes.
At an EFF press conference last week, Malema said “Ze Nxumalo is my friend” and rejected the allegations arising from the commission and the court papers as “hearsay”. He said there was no evidence linking him or the EFF to criminal activity and denied any involvement in wrongdoing.
The high court is expected to decide whether the matter can be resolved on the papers or referred to oral evidence, given the disputes of fact between the parties.
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