THE ANC Youth League's attempt to define itself as independent of the mother body was dealt a severe blow yesterday when the ruling party's national disciplinary committee of appeals (NDCA) ruled that the ANC's constitution was supreme.

THE ANC Youth League's attempt to define itself as independent of the mother body was dealt a severe blow yesterday when the ruling party's national disciplinary committee of appeals (NDCA) ruled that the ANC's constitution was supreme.

This means the disputed amendment of the league's constitution - which Julius Malema cited in trying to stave off suspension - is irrelevant.

The appeals committee ruled that the ANC constitution must prevail in the case of a conflict with the league's constitution.

The league had claimed it was a "separate legal entity". However, committee chairman Cyril Ramaphosa said this argument did not hold water.

"The league is an integral part of the ANC and operates within the framework of the ANC constitution and policies of the ANC," he said.

Following his suspension last year, Malema claimed the measure did not automatically apply because the league's constitution had been amended. Other league leaders denied any such amendment had been made, but Malema used the argument in his appeal.

The two-year suspension imposed on Malema at his 2010 disciplinary hearing - at which he pleaded guilty to comparing President Jacob Zuma to his predecessor Thabo Mbeki - came into effect yesterday.

According to the 2010 verdict, the sentence was to kick in if he was found guilty of committing the same offence within two years. Yesterday, the appeals committee upheld a guilty verdict he received last year after he was charged with repeating the offence.

The committee also backed the decision by the national disciplinary committee (NDC) to uphold Malema's guilty verdict for calling for "regime change" in Botswana. Malema's membership was suspended for five years.

League spokesman Floyd Shivambu's appeal against his three-year suspension was also dismissed. Shivambu was found guilty last year of bringing the ANC into disrepute by swearing at a journalist, and of issuing a statement that was in contravention of ANC policy on Botswana.

The appeals committee said it was clear Shivambu issued the statement and was personally liable. "The appellant's arguments are dismissed, and the NDCA confirms the findings of the NDC that the appellant was guilty as charged," said Ramaphosa.

The appeals committee turned down league secretary-general Sindiso Magaqa's attempt to have his 18-month suspension reversed. Ramaphosa said his committee believed the NDC was right to find him guilty of issuing a derogatory statement about the Minister of Public Enterprises, Malusi Gigaba. Magaqa had accused Gigaba of "pleasing imperialists" when he called for cool heads in the mine nationalisation debate. Magaqa was also ordered to apologise.

While Malema's 2010 two-year sentence came into effect, his five-year suspension and those of Shivambu and Magaqa will not. The appeals committee referred these sentences back to the NDC so the league members could present mitigating evidence and the ANC could argue for even harsher penalties.

League leaders did score a minor victory when the appeals committee overturned their guilty verdict on the charge of barging uninvited into a meeting of top ANC officials.

MALEMA TIMELINE:

April 2008 Elected ANC Youth League president at a chaotic conference in Bloemfontein.

June 2008 Supports Jacob Zuma's bid to become president of South Africa, and tells a rally: "We are prepared to take up arms and kill for Zuma."

March 2010 Convicted of hate speech by the Equality Court for telling students that a woman who accused Zuma of rape "had a nice time".

• During the same month Malema lands in hot water again for singing the struggle song Ayesaba Amagwala, which contains the lyrics "dubul' ibhunu (shoot the boer)" at a rally. The High Court in Johannesburg later rules that the singing of the song is "unconstitutional and unlawful".

April 2010 Visits Zimbabwe where he praises Robert Mugabe and the violent seizure of land from white farmers.

• Responds to a remark at a media briefing by BBC journalist Jonah Fisher about his lifestyle by denouncing him as a "bloody agent" and a "bastard" and throwing him out.
• Zuma, speaking at a Durban news conference, says Malema's conduct is "alien to the ANC".
• Malema is charged with bringing the ANC and the government into disrepute over his Zimbabwe comments, his treatment of Fisher and his comparison of Zuma to Thabo Mbeki.

May 2010 Enters into a plea bargain over the charges. He is fined R10 000, made to publicly apologise and attend anger management classes. He is also warned of suspension from the ANC if he offends again within two years.

June 2010 Accuses whites of "stealing land" and advocates Zimbabwe-style redistribution.

July 2011 City Press accuses Malema of soliciting money from business people for a trust fund in return for his influence in the awarding of tenders. He denies the claims. Sunday Times shows payments made on his behalf by Limpopo tenderpreneur.

August 2011 Calls for regime change in Botswana and says the country's president Ian Khama is a "puppet" of the US.

• The ANC confirms that Malema has been charged with "sowing divisions" in the party and bringing it "into disrepute".
• He appears before an ANC disciplinary committee chaired by Deputy Minister of Science and Technology Derek Hanekom. The first day of the hearing is disrupted by unruly Malema supporters who trash streets surrounding ANC headquarters in Johannesburg, leading to a postponement and a change of venue.

October 2011 Human Settlements Minister Tokyo Sexwale testifies in Malema's defence and calls for the ANC to consider accepting his apology.

• Malema leads ANCYL "Economic Freedom March".

November 2011 He and his co-accused are found guilty by the NDC and he is suspended for five years while league spokesman Floyd Shivambu is suspended for three years.

• Malema files appeal papers with the national disciplinary committee of appeals headed by NEC member Cyril Ramaphosa.

January 2012 Ramaphosa's committee deliberates

February 4 2012 Committee upholds Malema's suspension and that of his lieutenant, Floyd Shivambu. It refers the case back to the NDC for mitigation of sentence.