Mon Sep 22 12:12:18 SAST 2014

Tables turned in ANCYL trio case

Apr 15, 2012 | MOIPONE MALEFANE |

THE ANCYL's plan to argue that the disciplinary process against them has exceeded the six months prescribed in the ANC constitution has backfired.

DIM VIEW: Expelled ANCYL president Julius Malema attended the funeral service of Lydia Matshidi Rasethaba in Polokwane yesterday. Picture by Elijar Mushiana

This happened this week after expelled league leader Julius Malema and his colleagues marched into the hearing to have their harsh sentences overturned.

Sunday World understands that the national disciplinary committee of appeals (NDCA) has granted the national disciplinary committee (NDC) an extension as the hearing has dragged on for longer than six months. The ANC constitution prescribes that disciplinary processes of any member should be completed within six months.

But the process involving Malema, secretary Sindiso Magaqa and spokesperson Floyd Shivambu has been going on for more than six months and has not been completed. Part of the delay was caused by the youth league requesting postponements, and on Thursday the three embattled leaders again requested a postponement when they appeared before the NDCA. They marched into the hearing without legal representatives, but the committee was prepared to continue with the hearing.

The three then phoned advocate Muzi Sikhakhane to come and represent them. This was after the committee had raised a concern that they agreed to sit on the day because Dali Mpofu, who has been representing them, along with Clifford Motsepe and Patrick Mtshaulana SC, was going to be available for the hearing.

The three argued that the hearing be postponed because their legal representatives were not available. But the committee reminded them that they were paying their lawyers to represent them. The committee further told them that its members were not getting paid as they were volunteers.

However, the committee agreed to postpone the matter because Sikhakhane, as the new legal representative, requested time to familiarise himself with the heads of argument.

The parties agreed that the appeal will be through written submissions. This gives NDCA chairman Cyril Ramaphosa the power to decide when the matter should come to an end.

"The NDCA agreed to postpone the hearing with a proviso that the new legal representative will submit the appellants' heads of argument by April 18 2012 in writing.

"Upon receiving the heads of argument, the respondents will submit their written heads of argument on April 20 2012. Upon receiving the written submissions the NDCA will consider these and take a decision," Ramaphosa said.

A public announcement will be made once a decision has been made.

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