Fri Oct 20 12:46:52 CAT 2017

Malema holding ANC to ransom

2012-04-29 13:37:00.0 | MOIPONE MALEFANE |

DEFIANT ANC Youth League leader Julius Malema told the ANC that the disciplinary proceedings against him will come to an end but the real battle will start after his expulsion as the ANC has to persuade the youth to support his expulsion.

PUTTING UP A UNITED FRONT: ANCYL leaders Julius Malema and Sindiso Magaqa address a recent press conference at the ANC headquarters (Luthuli House) in Johannesburg. Picture by Antonio Muchave

 Malema's refusal to accept the findings of the NDCA, which confirm the findings of the NDC, is clearly untenable 

In his evidence-in-chief, Malema said he did not agree with the findings of the national disciplinary committee of appeals (NDCA) and was not persuaded by its findings.

He told chairman Cyril Ramaphosa that he will continue to challenge the outcome internally because he was unfairly found guilty.

This evidence, according to the NDCA, is "indicative of Malema's unrepentant attitude and non-acceptance of the findings of the disciplinary machinery of the ANC, particularly the NDCA".

"Malema's refusal to accept the findings of the NDCA, which confirm the findings of the NDC, is clearly untenable," said Ramaphosa.

"The NDC is of the view that if Malema is not prepared to accept final decisions of the NDCA, then the likelihood of him respecting the ANC constitution is remote.

"This conclusion is reinforced by his utterance that after the conclusion of the disciplinary proceedings, which are conducted in terms of the ANC constitution, the real battle will start when the ANC still has to persuade the youth.

"As the president of an organ of the ANC responsible for mobilising the youth behind the ANC, this statement, in the view of the NDC, constitutes a threat and is tantamount to holding the ANC ransom."

The ANC said "Malema is a repeat offender" who has "now been found guilty of two serious offences in under two years while under suspension ... and has shown no remorse to be disciplined by the ANC and is not prepared to respect the disciplinary machinery of the organisation".

It now appears that efforts to support Malema or to defy the ANC by members of the ANCYL could land them in hot water as the mother body hardens its attitude towards his allies.

Youth league leaders that are more vulnerable appear to be those who threw their support behind the league's amended constitution at its national congress last year, where the expelled leader was re-elected.

The NDCA has directed the ANC to investigate the circumstances behind amending the ANCYL constitution and whether the amendment is authentic.

It has now emerged that at its congress which was held in June last year, the ANCYL applied some fancy foot work to its constitution.

Ahead of the punishment meted out to Malema, the league amended the constitution to say: "A person, who has been found guilty by an ANC disciplinary proceeding resulting in ... suspension, temporary forfeiture of membership rights or expulsion ... shall be subjected to the internal enquiry by the corresponding disciplinary structures of the ANCYL."

This was done to render the ANC punishment on Malema ineffective.

However, other members say the constitution was not amended at the congress' open session but was changed by Malema and his chums after the NDCA ruling.

Before the amendment, the section stated that a person who had been found guilty by the mother body's disciplinary proceedings would have the same application in all structures of the ANCYL.

Now the NDCA wants the matter investigated, which ANC leaders say would leave little room for Malema's supporters to maneuver.

Sunday World understands that the ANC has started speaking to some youth leaders and members who attended the congress to check if indeed the amendment did happen at congress.

Already, there are members who have distanced themselves from the amendment, saying the constitution was not changed at the congress.

Some youth leaders intend to write to the ANC national executive committee to ask it to review Malema's, league secretary and spokesman Sindiso Magaqa's and Floyd Shivambu's sentences respectively.

The three are out in the cold after Malema was expelled, while Magaqa has been suspended for a year and Shivambu for five years. They have all vacated their positions in the youth league.

Malema had hoped Magaqa would remain in the league to fight his battle.

In November, when the NDC announced Malema's suspension, the league said it would not recognise the decision, in line with its constitution. It is believed this was based on the contentious amendment.

The NDC had recommended that Malema be suspended for five years before it later recommended that he be expelled.

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