![]() The effect of the provisional order is that control of Mr Malema's assets is taken away from him and given first to the Master of the High Court, then to the provisional trustee once appointed and eventually to a final trustee, depending on the outcome of the matter on. In practice a provisional trustee will be appointed against proof that the creditors supporting their appointment make up the majority of creditors both in terms of their number and the combined value of their claims. Now that a provisional order has been granted a provisional trustee will be appointed by the Master of the High Court to take control of and preserve Mr Malema's assets in the interests of his creditors until the appointment of a final Trustee. Normally the effect of an appeal is to suspend the operation of the order but in the case of sequestration the final order is not suspended which means that until the appeal is decided Mr Malema is disqualified from being an MP. Although Mr Malema cannot appeal the grant of the provisional order he can certainly appeal a decision to grant a final order of sequestration and in all likelihood an appeal will follow whatever the court decides on 26 May. ![]() If the order is made final, Mr Malema will immediately be disqualified from being an MP. Then the court will decide if the order should be made final after hearing argument by Mr Malema or any other of his creditors as to why a final order should not be granted. The provisional order does not prevent Mr Malema being elected to Parliament but the order is provisional until when the matter will again be in court. Section 47 (1)(c) of the Constitution disqualifies a person whose estate has been sequestrated from being a Member of Parliament. The effect that a sequestration order will have on Mr Malema's political aspirations has sparked public interest. The sequestration of Mr Malema was applied for by the South African Revenue Services which alleges that Mr Malema owes the Receiver approximately R16 million. The order was granted after an unsuccessful application by Mr Malema for a postponement of the matter until the criminal charges against him are resolved. This will be done without fear or favour.On 10 February 2014, the North Gauteng division of the High Court granted a provisional sequestration order against the estate of the leader of the Economic Freedom Fighters, Julius Malema. Those found guilty of breaking the lockdown regulations will receive the stipulated penalty. Those who are involved in acts of violence will be arrested and prosecuted. ![]() “Let us be clear, as a nation, that we will not tolerate acts of criminality. He said those found guilty would be arrested and prosecuted “It is a matter of concern to all South Africans that some of these acts of violence are based on ethnic mobilisation.” “While there are those who may be hurt and angry at this moment, there can never be any justification for such violent, destructive and disruptive actions,” he said. While addressing the nation on SA's response to Covid-19, President Cyril Ramaphosa expressed dismay at the protests, saying some of the acts of violence were based on ethnic mobilisation. “This group of about 800 people is reported to have attacked police, resulting in the shooting of police officers who have now received medical attention, with only one in hospital in a stable condition.”
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