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Wed Jun 19 16:06:07 SAST 2013

Juju double blow

SIBUSISO NGALWA | 18 April, 2012 00:2330 Comments
Julius Malema. File photo.
Image by: GARY HORLOR

Suspended ANC Youth League leader Julius Malema has suffered two major blows - his appeal against his suspension from the ruling party has been thrown out and many of his comrades have dumped him.

The ANC's national disciplinary committee of appeals rejected Malema's argument that his recent suspension was against the rules of natural justice and had breached the ANC's and the nation' s constitution.

The committee said the temporary suspension had been necessary and "the least invasive action available to the national disciplinary committee to protect the interest of the ANC".

Malema was suspended again two weeks ago after calling President Jacob Zuma a dictator.

In his appeal, Malema had likened his suspension to a "banning order" under the apartheid era.

But the appeals committee, headed by ANC national executive committee member Cyril Ramaphosa, rejected all his arguments.

It said Malema's claim that the disciplinary committee could not act as both complainant and adjudicator in the case was baseless because the members who decided on the suspension recused themselves from the subsequent disciplinary hearing.

"It is established law that the rule against bias only affects the individual members who are part of a structure and not the structure itself," the committee said.

It said it was "premature" for Malema to claim that the committee would be biased against him.

Also rejected were Malema's contentions that the ANC's constitution did not give the committee the power to impose conditions on his suspension, and that he should have been allowed to give reasons why he should not be suspended.

"It was permissible for the disciplinary committee to suspend all the normal privileges available to an ANC member, such as attending and addressing meetings of the ANC in any capacity, and commenting on ANC matters, during the applicant's period of suspension," said the ruling.

Ramaphosa's committee said that, before deciding to suspend Malema, the disciplinary committee took into consideration that Malema was at that time appealing an expulsion in an unrelated case and that his "dictator" comments were a serious breach of the ANC's constitution.

The circumstances warranted immediate action, the committee said.

"Based on the past conduct of the applicant, the national disciplinary committee, in its discretion, concluded that, in all likelihood, the applicant would continue to make public utterances which would or could bring the ANC into disrepute, and that the anticipated future conduct of the applicant constituted an exceptional circumstance which warranted an immediate decision of temporary suspension without eliciting comment or representations from the applicant."

The committee disputed Malema's assertion that his suspension was a violation of his right to freedom of speech.

The gagging of Malema was limited to ANC platforms.

Though the constitution protects citizens' right to political association and affiliation, the ANC was a voluntary organisation that reserved the right to decide whom it admitted or rejected as a member, said the appeals committee.

With this ruling, Malema is barred from attending and addressing any meeting or event under the auspices of the ANC or its leagues.

The ruling came a day after members of the ANC Youth League's national executive committee publicly clashed over Malema's future and the utterances of league spokesman Floyd Shivambu.

League deputy president Ronald Lamola distanced the league from Shivambu, saying that the latter's attack on Ramaphosa, in an article published at the weekend, was his personal view.

"We agree with the ANC that the attack on Ramaphosa's personal integrity and standing in society was unwarranted and did nothing to advance a comradely political debate," said Lamola.

He chastised the league's second spokesman, Magdalene Moonsamy, for issuing a statement earlier in support of Shivambu.

Lamola and another national executive committee member, Mduduzi Manana, have also rejected a statement by Malema's ally, league secretary-general Sindiso Magaqa, who said that the league executive would defy the mother body and reinstate the suspended Malema.

The two said the executive ordered Magaqa to meet his ANC counterpart, Gwede Mantashe, to "get clarity" on the suspension.

Ramaphosa's committee is expected to announce its decision on Malema's original appeal against his expulsion from the ANC later this week.

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Juju double blow

For Commenters Consideration | Please stick to the subject matter

COMMENTS [30]

Timbuck9

Posted 427 days ago
Avatar
YAAAAAWWWWNNNNN!!!!
Avatar

AthollCanterbury

Posted 427 days ago
Do you think they'll drop the bomb?
... What happens to the Botswana Invasion now ?
... will this beret wearing self appointed General have to 'go-it-alone' .... without 'Mother'?
... do you think they'll drop the bomb? ... oh Mother ?

Mother do you think they'll drop the bomb?
Mother do you think they'll like this song?
Mother do you think they'll try to break my balls?
Mother should I build the wall?
Mother should I run for president?
Mother should I trust the government?
Mother will they put me in the firing line?

Mother's gonna keep you right here under her wing.
She wont let you fly, but she might let you sing.
Mama will keep baby cozy and warm.
Ooooh baby ooooh baby oooooh baby,
Of course mama'll help to build the wall.
Avatar

staren

Posted 427 days ago
But it was only a fantasy
The wall was too high as you can see
No matter how he tried he could not break free
And the worms ate into his brain...
Avatar

TheUnknownTruth

Posted 427 days ago
There was a crezed leader from Limpopo
who said there is something I do know
so he opened his mouth
and what should come out
a plea, crying I am too young to go.
Avatar

TheUnknownTruth

Posted 427 days ago
crezed = crazed
Avatar

TheUnknownTruth

Posted 427 days ago
There was a silly young one from Limpopo
who shouted for one bullet for one ou
when he said it too much
he lost the common touch
So he was demoted, the mad so-and-so.
Avatar

TheUnknownTruth

Posted 427 days ago
There was a loudmouth from Limpopo
who was told that he should now go
when he started to cry,
and asked them all why,
They said "just listen to Ramaposo."

BornintheRSA

Posted 427 days ago
Avatar
We may have seen this file photo before but yes, looks likes his head took some blows. You want to sail close to the wind, you better be prepared to deal with whatever comes your way. No pity for someone who fails to recognise that membership of the ANC is voluntary. If you join it, you subscribe to it's values or else you resign and go somewhere else.

a_stub_born

Posted 427 days ago
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.....A double "whammy".......

.....one with Lamola, the other with Moonsamy!!!!!!.........

l984

Posted 427 days ago
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Reality is a *female dog* indeed.

diamondgiant

Posted 427 days ago
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It is very important for one to live by the values of the Organisation they subscribe to. The Appeal Committee abided by their disciplinary code of conduct and rules and made a decision.
This should be a learning for future prospective political leaders who do not want to live by the values of the Organisation they subscribe to
In the past Malema did not adhere to instructions from the ANC not to address certain audiences.
What would happen if Malema decides to address any meeting or event under the auspices of the ANC or its leagues ?
Has the ANC got the structures to prevent this if and when it happens ?

benkeukens

Posted 427 days ago
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Double Trouble ...

HRPartners2012

Posted 427 days ago
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We commend the ANC for taking a decision and standing by the decision that they have made. As this indicates the commitment of the Leadership to address any discrepancies of behaviour of their members.

We however are alarmed at the dissention within the ANC Mother Body and the Youth League and within the executive structure within the Youth League.
We recommend that the ANC Youth League National Executives sits down and reach a consensus on the way forward, they should then advance in solidarity that view point.
The dissention within the internal structure is breaking down what the ANC has fought for so many years to achieve. Simply said how can a house stand if it is divided within itself, therefore it is critical that they present a united front and bring credibility to their internal party. We recommend that the team goes back and reaffirm from where they have come to their current stance and relook their operational structure within the next 3 months to minimise the differences/polarities.

We recommend that the League put in a rule that all media reports have to be discussed and agreed on before being published.
Avatar

ProgressiveAfricanDemocrat

Posted 427 days ago
This whole matter has nothing to do with addressing "any discrepancies of behaviour of their members", but has everything to do with the pursuance of a factionalist agenda in favour of Jacob Zuma and Gwede Mantashe. You rightly point out that the response to this action by members of the ANC is breaking down what the ANC has fought for so many years to achieve. This indicates failure of political leadership under Jacob Zuma. These schisms are going to become even more serious if this saga continues. The continuation of this saga can only please the enemies and opponents of the ANC. The ANC National Executive Committee has to ask itself whether this whole saga does the ANC any favours in a year that ANC members and the public are supposed to be celebrating 100 years of the ANC's existence. Up to now we have not celebrated much or have we? While there is much to celebrate of the ANC's 100 years, we are now only just celebrating the fact that Jacob Zuma won the ANC presidency in Polokwane. What a shame!

tiredofpoliticalbs

Posted 427 days ago
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Let's hope that the ANC will get their act together and start acting on behalf of the people by whom they were elected. Finally, they have muzzled their yapping person who was doing more damage then they cared to admit. A little bit too late? The damage is already done to the ANC's image.

Everyone wants to criticize the W Cape, Zille, the DA and whomever else they want to criticize on their growing list but the W Cape is the one province who is actually acting on behalf of the people and not according to their own interests of just putting money into their own pockets.

sigh. Let's hope that the ANC will stop playing the Apartheid/Race/Struggle card. It's in the past. How can you expect people to move forward if you are constantly reminding people and you can't get over it yourselves? The majority of the young people have not experienced apartheid. They don't know what it really means, only in the "history" books and via people's experiences. Let this nation heal. Come on.

ProgressiveAfricanDemocrat

Posted 427 days ago
Avatar
Sibusiso Ngalwa must check his facts before he misinforms the public. There is nowhere Ronald Lamola repudiates Sindiso Magaqa's statement. In fact Lamola's press statement on the ANC Youth League website clearly states that Magaqa's statement reflects the position of the ANC Youth League National Executive Committee. Lamola goes further to repudiate Mduduzi Manana's statements as misconduct and ill-discipline and not reflective of what transpired at the NEC meeting. However, it is already clear that some people within the NEC cannot wait to become Jacob Zuma and Gwede Mantashe's lapdogs, thus sacrificing the League's autonomy on the altar of political expediency. Fortunately, these people only constitute a minority on the ANC Youth League National Executive. However, they have managed to disseminate their failed views through their collaborators in the media who are so deeply entrenched in ANC factional fights that they do not care about the truth or facts.

The fact is that even though Julius Malema has failed to have his temporary suspension lifted, that is pending a new NDC to be appointed by the ANC National Executive Committee to adjudicate on this matter. This means that for the very first time the ANC National Executive Committee will have an opportunity to review this matter, and the balance of forces on the NEC itself will be assessed. What is clear is that Julius Malema's suspension violates both the ANC Constitution and the country's constitution. However, considering that some National Officials seem to have usurped the role and powers of the ANC NEC itself, in violation of the ANC Constitution, the very same National Officials may well deny or delay the NEC's right to appoint a new NDC to adjudicate on the matter. The NEC will have to apply its mind whether this whole saga is fostering the unity of the ANC or tearing the organisation apart in pursuance of a factionalist agenda. Sensible and unbiased NEC members will argue that this situation needs a political solution.

Cyril Ramaphosa will not want to expell Julius Malema because if he does, Malema will be free to speak again. Malema on the other hand has the option of taking the ANC to court for violating his consitutional rights and he has nothing to lose if he immediately starts expressing his opinions even before the court outcome. Malema has got many beans to spill, and the sooner he does so the better for his political career. This temporary is effectively aimed at preventing him spill the beans and embarass Jacob Zuma.
Avatar

DuncanMcGregor

Posted 427 days ago
How have they infringed on how constitutional rights? The ANC is a "Voluntary" organisation which has the right to accept or deny whoever they like. For example do you think that the DA would want members within their ranks who have totally different agendas or ideas to what the organisation has?
This is basically where Malema finally went too far, if he dislikes the ANC leaders so much then F off and start your own party. This tit for tat is getting very boring. Oh and another question that all you Malema lovers seem to just ignore - WHERE is he getting ALL this money from to defend himself in court?? How much do lawyers cost again?

Please start to think for yourselves and ask questions - there is no need to blindly follow. There is no revolution, you WON, you RUN the country now, YOU have the power to change things for the better. LOOK at Africa and if you still think that nationalisation and land reclaiming work then we are in bigger trouble than anyone ever thought.

ProgressiveAfricanDemocrat

Posted 427 days ago
Avatar
@DuncanMcGregor: In all my wildest imaginations I never thoughthat some ANC leaders would resort to apartheid tactics to ban and gag political opponents they cannot deal with. What makes this whole saga even more unsavoury is that these are the acts of a faction within the ANC trying to assert control. The ANC is a "voluntary organisation" but it is riddled with factions. There are many who want Julius malema to remain a member of the ANC and they may well constitute the majority . So, it cannot be right that a handful of ANC leaders iwth a factionalist agenda resort to apartheid tactics to deal with a formidable political opponent. Basically what the Zuma faction is saying is that they own the ANC and all those who do not agree with them are free to leave the organisation.

Malema's money is not my business. We do not ask you where you get your money from and what you do with it. If Malema has stolen money or committed fraud he should be charged but it is not right to assume the worst when you hardly know his financial status.
Avatar

Mugabe99

Posted 427 days ago
It looks like you are fighting this war alone, you have forgotten to have a glance at you back to check how many people still in support of you. The ANC is facing a huge problem of members who are very reluctant to implement policies of the party at the end of the day we end up wasting time on useless issues like this of Malema. Malema has proven to be a huge liability in the movement, created big division within the party , it all started when he interfered in the elections of YL PECs in order pave the way for people that will support him at Gallagher JHB , guess what all those people he oppressed they are coming back hard on him when he need them the most, KZN YL PEC, Mpum YL PEC, EC YL PEC even now as we talk the national YL leadership is divided yet you are telling us about Mangaung , what Mangaung when you dont have support, there is no single province came up in support of Julius 100% even Limp has 50% support the other 50% is against him that was proven last yr in Limp Conference. Which support are you telling us about with Malema when we are talking figures you are busy telling us politics.

When Malema told the youth to marsh from Jhb to Pta was that a programme to create employment for youth or populist stance to back him on his charges, if Julius Malema is capable to build a house with a bunker, buy a farm and all sorts of properties he has what prevents him to advice the youth on how to make money, in actual facts where does he get all this money when previous YL leaders have failed to make such money. The truth will comeup next yr after Mangaung , lastly Malema must step aside he has been used by faceless people to fight their agendas , they have paid him unfortunately as SACP of Chris Hani we wont allow Julius Malema to trade umzabalo wethu/ which was sacrificed with blood.

thecwamapununu21

Posted 427 days ago
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This is not over!!!!

SindiM

Posted 427 days ago
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The grave and the coffin are open. Now lets hear about the expulsion so that we can close the coffin and bury him forever. Maybe he will come back from the dead as a DA, COPE or other. You will never know.
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ProgressiveAfricanDemocrat

Posted 427 days ago
Watch the space. You will hear Julius Malema coming back very soon. You cannot kill a dead man! He has no option but to make a lot of noise all the way to Mangaung. And there is noting that Derek Hanekom and Cyril Ramaphosa will be do about it. Malema has to make noise and he will make noise. There is no South African who does not know his story.

mthulis

Posted 427 days ago
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There is an end for everything and everyone.This has been the greatest riddance , no more noise from an empty tin that plants division in our society.

SindiM

Posted 427 days ago
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My suspicion is that the ghost will use church as a platform to haunt the ANC all the way to Mangaung. Right now he has no other platform.I am watching the space.

POST94

Posted 427 days ago
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Poor Malema. He thought he was just joking about The Showerhead Trauma Centre.

ProgressiveAfricanDemocrat

Posted 427 days ago
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@Mugabe99
It is good that you state that you are from that parasitical organisation. There is no point in arguing about Julius. I am pretty sure that there are very few ANCYL members who are prepared to become Jacob Zuma and Gwede Mantashe's lapdogs. And ofcourse you cannot tell me that out of over 1 million ANC members, Jacob Zuma is the best cadre to lead. Really???

Maxi

Posted 427 days ago
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This is bad news for both the print media and bloggers. I can imagine this site without Malema in the picture.
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Hi--Jack

Posted 426 days ago
This site was never more than what it is now. Malema and his racially divisive rhetoric was what inflamed the commentaries here.

It was more bad than good in my opinion, from what I have read here over time.

All the associated punitive media laws, secrecy laws, media
clampdowns (here is is a good example), was a direct result of him and his stupid cronies acts.

Reality and sanity will prevail

Hi--Jack

Posted 426 days ago
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"Juju double blow"

For those in the know, JM and his fatso friends have a "blow" problem. that special treats from South America...

The best of the best from his nationalization mentor, Chavez, friend of friend of Columbia's finest.


Perhaps, if the Fatso Brigade took some of Transkei's best, they could have dealt with the rest.

Double Blow Malema...... an expensive guest to have at your party. I reckon he can sniff 5g per barrel



BUDDYC

Posted 426 days ago
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It looks hard and it might be looking hard to save this young lion from poor leadership in the ANC who are looking for who to blame but believe me you, it is only for now.

Julius is the child of the ANC and even Mandela was not going to remove him. All those who were removed previously, did not want to be in the ANC.