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Sat May 26 14:14:10 SAST 2012

GUILTY!

SIBUSISO NGALWA, SOLLY MAPHUMULO, SIBONGAKONKE SHOBA and ISAAC MAHLANGU | 05 February, 2012 00:10
Julius Malema. File picture

JULIUS Malema has been stripped of his powers as ANC Youth League president and will have no role to play in the run-up to the ruling party's national conference, where he had hoped to oust President Jacob Zuma.

Yesterday, the ANC's disciplinary appeal committee upheld a guilty verdict against Malema handed down in October 2011 - although it seemed to give him hope by saying that he could still argue in mitigation of sentence.

But celebrations in the Malema camp were cut short when it emerged that he was suspended as of yesterday due to an earlier suspended sentence handed down in 2010.

"The fact that this hearing upheld the guilty verdict means that his suspended sentence from 2010 kicks in now," a senior ANC official confirmed to the Sunday Times.

Despite this, youth league spokesman Floyd Shivambu remained defiant, insisting that Malema was still an active ANC member and that he would attend a national executive committee (NEC) meeting today.

"He's a member of the NEC of the ANC by virtue of him being a president of the ANC Youth League," he said.

Yesterday Cyril Ramaphosa, who is chairman of the ANC's disciplinary appeals body, said Malema's appeal on two charges of ill-discipline and sowing divisions had been rejected.

The appeals body found Malema, his secretary-general Sindiso Magaqa and spokesman Shivambu guilty of ill-discipline, bringing the party into disrepute and sowing division within the party. Three other youth league leaders, deputy president Ronald Lamola, deputy secretary-general Kenetswe Mosenogi and treasurer Pule Mabe were thrown a lifeline when Ramaphosa's committee overturned their sentence for "barging" into a meeting of ANC officials.

The "barging" incident prompted an angry retort from Zuma at the time. He told them: "Who do you think you are? You think you run this country."

The appeals body found that: "The actions of the appellants could not be described as deliberate disruption or barging as described by the respondent ... the appeal succeeds."

But that was to be the league's only successful appeal. The appeals committee dismissed other arguments advanced by the youth league as "ridiculous", "naive and absurd" and having "no foundation".

The league had argued that ANC national officials, who include Zuma, his deputy Kgalema Motlanthe, secretary-general Gwede Mantashe, his deputy Thandi Modise and treasurer Mathews Phosa, did not have the constitutional powers to charge the league. The committee found this argument to be based on the league's "misreading" of the ANC constitution.

While upholding the sentences against Malema, Shivambu and Magaqa, the committee decided that "for the sake of justice", their cases should be sent back to the disciplinary committee to allow them to argue in mitigation of their sentences.

The disciplinary committee - headed by Deputy Science and Technology Minister Derek Hanekom - did not grant the league time to argue in mitigation of sentences.

The committee said the ANC would be allowed to argue in aggravation of the sentences - which could mean Malema and his comrades end up with more severe sentences.

Unlike Malema, the other two, Shivambu and Magaqa, remain in their positions until the process of mitigation of sentences has been concluded.

Before addressing the media, Ramaphosa presented the findings to Mantashe at the party's NEC meeting in Irene, Pretoria. He then met the league's officials at Luthuli House.

After receiving the ruling, Malema and others found guilty headed for ANC stalwart Winnie Madikizela-Mandela's house in Soweto.

Malema and his bodyguards arrived at the house in a black Mercedes-Benz Vito with tinted windows. He was accompanied by his friend and SABC board member Clifford Motsepe, Magaqa and Shivambu. They were later joined by his lawyer, Dali Mpofu.

It took about 15 minutes before Madikizela-Mandela's bodyguards allowed them onto the property.

According to one person who was inside the house as Malema spoke to Madikizela-Mandela, the youth league leader vowed to "fight to the bitter end" against the suspension.

Outside the house, a group of league supporters arrived wearing T-shirts with the words "Guilty or not guilty, nationalisation is the way forward".

Back at Luthuli House, Ramaphosa tore into most of the arguments advanced by the league.

"The appellants' argument that individual members [of the disciplinary committee] could exert pressure to bear on the NEC and the ANC itself to decide the issues of nationalisation and expropriation of land in a particular way and that the exclusion of the appellant would facilitate this outcome is both naïve and absurd," said Ramaphosa.

Ramaphosa said the league members' claim that the disciplinary committee was biased was "baseless and unsupported".

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bis-k'hallawaya

Posted 111 days ago
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.........More properly F....d up........Quoting some line I read somewhere, like Icarus, flew too close to Zuma-Sun and he got a 'solar' flare right in the face, and ended with the wings melted, his purple hat burned and his belt snapped........

...Then he went to probably have a 'moerse' tantrum with nappy change at 'Mater-Dolorosa" (Google it, see the images and compare with Winnie's pics) Winnie Mandikizela (why is she still misusing the Mandela surname?) who denied he was being there, that he arranged to be there before.....Such is the danger to have a leper in your house.............

bis-k'hallawaya

Posted 111 days ago
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.....Silly trivia, I know, but will Lizelle Tabane, Juju's (hired?) 'girl-friend' from Mauritius renew her contr....vows now that Juju smells to after-braai cologne????

rahima

Posted 111 days ago
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Now it is time for the hawks to land on his head. With them they bring the Public Protector and SARS. This is a high cliff. Then the sherrif will arrive. Then the arresting officer. Then 15 years for whatever. Then the terminal illness before 35. Then the medical parole.

Markde_Vries

Posted 111 days ago
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Give ém enough rope...

MickeyD

Posted 111 days ago
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Nothing surprising about the outcome of the appeal, what did one expect from a committee chaired by the biggest turncoat in post apartheid South Africa. The chair has long sold his soul and is now serving the master. 20 years ago, this man was the voice of the miners, now he's got new hobbies which include fly fishing....hilarious! If your kids do not know who's Judas, show them Cyril....politics of the stomach.

manga2

Posted 111 days ago
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Now Comrade, you can really focus on breeding cattle at your farm. But at your consumption rate I wonder if your breed will ever reach the marketplace. So long Chief.

NaidooA

Posted 111 days ago
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This is truly a sad day for south Africa.

The old ANC cadres are owned by big business are doing the work of the white masters in eliminating everyone and anyone who wants to liberate the oppressed masses of south africa

but what else can you expect from these sellout ANC cadres who opned the ANC 100 year celebrations by singing Verwoerds old apatheid volkstem.

what else can you expect from these cadres who have guaranteed stolen land and property.

what kind of liberation did man dela and his cronies bring about when whites own more land in black ruled south africa than white ruled south africa

what kind of liberation have the ANC cronies achieved when white people own more than 99% of the farmland in the western Cape

UBUNTU
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ben.marema

Posted 111 days ago
Spot on! sad day indeed. cry our beloved Mzansi, gone to highest bidder...
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rocky.bell

Posted 110 days ago
Karl Mocke

Hard to believe that you still use your outdated and boring newsframing antics to ditch the real issues at hand - just why can you NEVER stick to the subject. You always have to turn every discussion into racial slurs.

Malemas conviction has BA to do with your claim that whites own 99% of farmland in the WC, or more land now than pre 1994. The class of 87 wasn't all that bright - I understand - B.E. will be blamed again.

ben.marema

Posted 111 days ago
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no commenting sections open on the DA corruption stories...crooks are crooks no matter what color...

bis-k'hallawaya

Posted 111 days ago
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"""""""but what else can you expect from these sellout ANC cadres who opned the ANC 100 year celebrations by singing Verwoerds old apatheid volkstem.

what else can you expect from these cadres who have guaranteed stolen land and property.

what kind of liberation did man dela and his cronies bring about when whites own more land in black ruled south africa than white ruled south africa

what kind of liberation have the ANC cronies achieved when white people own more than 99% of the farmland in the western Cape """"""""

........remember you, with your frustration of not being a genuine indian, and the rest of failed tenderpreneurs cut in the middle of their greedy hopes, are the progeny of those sellout ANC cadres.......It's in your genes!!!!!!!

bis-k'hallawaya

Posted 111 days ago
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"""""Shivambu said that there was “no panic and no depression” in the league, and that the sentence was only “effective after arguments for mitigation” had been heard.

“Things are going on as usual,” said Shivambu.""""""

.........Punk Floyd was absolutely right:.......They were all in shock and completely numb........HA HA HA HA

OTTOOTTO

Posted 110 days ago
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It's quite impossible to feel any sympathy for Malema gang, they are such a cancer to our politics. Malema is the worst public skunk since Eugine Terreblanche. One can just notice the difference of the clearing of the air since the disciplinary action started and will be much cleaner after this skunk has been locked away in Limpompo or the jail of tenderprenuers. Malema is not fighting anything new that we don't know and has offered no solution for challenges we already know. He has completely failed to address issues facing young people and contributed to poverty of the young minds.

Economic freedom is not a new phenomenon - its donkey years old. The students Malema has been able to incite that he is the world champion of economic freedom are illiterate delinquents (have no sense of responsibility and discipline) that don't want to work and believe in entitlement or self enrichment. Malema's shiny tenderprenuer suits and flashy lifestyle offers a popular relief to staying in school and doing an honest days work. Malema himself has never done an honest day's job in an enterprise and has no credible education with which he can secure a decent job.

Such is his domkop he will dare the opportunity to plead mitigation despite being told that the NDC has the right to aggravate his sentence. All his rantings, insults and conspiracy theories after the NDC have only aggravated his case that he is divisive to the organisation and he will definitely get what he deserves with his pleadings. The NDCA told him and his gang - that the ANC is a voluntary organisation, you are free to join and free to leave. The only reason you fight is when you have much to loose and without the power trappings to influence tenders Malema will go down to the gutter. He should have been expelled and it will be good riddance.

POST94

Posted 110 days ago
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Another day another historical milestone.

Interesting to note the absence of the three exonerated ANCYL officials from the cry-on-Mama Winnie' s shouders exercise yesterday. Trouble in paradise already?

DA's Masizole must start packing his stuff as well. His wannabe-ANC micky mouse party will certainly emulate the ANC.