Juju double blow
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 matterCOMMENTS [30]
Timbuck9
Posted 427 days agoAthollCanterbury
... 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.
staren
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...
TheUnknownTruth
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.
TheUnknownTruth
TheUnknownTruth
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.
TheUnknownTruth
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 agoa_stub_born
Posted 427 days ago.....one with Lamola, the other with Moonsamy!!!!!!.........
l984
Posted 427 days agoReality is a *female dog* indeed.
diamondgiant
Posted 427 days agoThis 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 agoHRPartners2012
Posted 427 days agoWe 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.
ProgressiveAfricanDemocrat
tiredofpoliticalbs
Posted 427 days agoEveryone 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 agoThe 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.
DuncanMcGregor
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 agoMalema'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.
Mugabe99
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 agoSindiM
Posted 427 days agoProgressiveAfricanDemocrat
mthulis
Posted 427 days agoSindiM
Posted 427 days agoPOST94
Posted 427 days agoProgressiveAfricanDemocrat
Posted 427 days agoIt 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 agoHi--Jack
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 agoFor 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 agoJulius 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.