Charges invalid, Juju to argue

ANC Youth League leader Julius Malema will wrap up his disciplinary hearing today arguing that the charges against him are invalid and that party bosses were not empowered by its constitution to charge him.

It has been learnt that Malema's representatives will also use the argument advanced by Human Settlements Minister Tokyo Sexwale - during his testimony - that the charges should have been presented to the ANC's national executive committee for approval before they were instituted against Malema.

Today the ANC national disciplinary committee, headed by deputy Science and Technology Minister Derek Hanekom, will hear closing arguments in the cases against Malema and youth league spokesman Floyd Shivambu.

Malema was charged with ill-discipline, as were the league's top five officials - deputy president Ronald Lamola, secretary-general Sindiso Magaqa, his deputy Kenetswe Mosenogi and treasurer Pule Mabe.

Malema faces four charges while the others - with the exception of Magaqa, who faces two - face a single charge each.

Charges against the youth league leaders were instituted by the ANC top six officials, including President Jacob Zuma and Deputy President Kgalema Motlanthe.

An insider close to the process told the Sunday Times that the league's defence will also question the merits of the charges. "If the points [about the validity of the charges] succeed then they don't even have to get to the charges themselves. Then it means the whole thing was invalid or was defectively brought to the disciplinary committee," said the insider.

Already concluded is the common charge against the top five youth league leaders about them barging in uninvited into a meeting between Zuma and his officials. But the disciplinary committee will deliberate on all the charges at once and thereafter announce the verdict in all the cases.

Malema also faces charges for his comments that since former president Thabo Mbeki left power, the African agenda had been weakened. He was also charged for comments he made to the effect that white people were thieves for "stealing" black land. He denies saying this.

The last charge relates to his statement that the youth league would mobilise support for Botswana's opposition parties to unseat the government of President Ian Khama. The youth league subsequently apologised for the Botswana comments.

Hanekom had told the Sunday Times that his committee would require at least six days to deliberate on the evidence .

He said that he was satisfied that the hearing had been fair for all the parties involved. "We will need time to consider everything in front of us ... then we will reflect and deliberate ... and write the ruling properly. We will then call all members to inform them of the outcome then we will present a report to the secretary-general," he said.

"I don't think anyone will query the fairness of the process. Obviously not everyone will agree with the outcome. We have really gone out to ensure that the principle of fairness is upheld."

If found guilty, Malema could face suspension or even be expelled from the ruling party. But it is generally expected that he will face suspension.

The hearing will be held at Soccer City in Soweto.