Malema hearing down to the wire

ANC Youth League president Julius Malema was fighting for his political life yesterday as his legal team made a final attempt to have disciplinary charges against him dropped.

The ruling party's national disciplinary committee sat until late last night as the ANC's and Malema's lawyers, advocates Dali Mpofu and Patric Mtshaulana, presented their closing arguments at the party's headquarters, Luthuli House.

The marathon session, which started at around 10am, was still under way more than 12 hours later. ANC spokesman Keith Khoza said at 10.25pm that the parties had "just finished" presenting their closing arguments.

Although the committee, chaired by ANC stalwart Derek Hanekom, is widely expected to hand down its verdict later this week, Khoza said there was no "firm date".

Closing arguments in the protracted hearing, which could decide Malema's fate and influence the ANC's crucial elective conference in Mangaung next year, were postponed twice last week.

Malema and five of his top officials - league spokesman Floyd Shivambu, deputy president Ronald Lamola, treasurer-general Pule Mabe, secretary-general Sindiso Magaqa and deputy secretary-general Kenetswe Mosenogi - have been charged with bringing the ANC into disrepute and sowing division in party ranks.

The Sunday Times reported that Malema's legal team was expected to argue that the charges should have been presented to the ANC's national executive committee for approval before action was taken against Malema. This view has previously been advanced by Human Settlements Minister Tokyo Sexwale, who, with ANC veteran Winnie Madikizela-Mandela, has testified for the youth leader.

But Khoza said yesterday there was "no way" that charges could be presented to the committee before being instituted because that would contravene ANC processes.

"You can't present the charges to the national executive committee because it is an appeals body.

"When they deal with a matter, it must be a new matter presented to them," said Khoza.

Political analyst Adam Habib said the hearing could "make or break" Malema. He said that, if found guilty, his minimum punishment would be suspension from the party. Habib said the ANC could not afford to "slap Malema on the wrist again". He escaped suspension when he appeared before a disciplinary hearing last year.

"What you will see is a pronouncement by the [national disciplinary committee]. It will probably be an extended suspension or an expulsion," he said.

Habib said Malema's controversial statement in August that he would mobilise opposition parties in Botswana to overthrow the government of President Ian Khama had embarrassed the ANC.

"I think this one is the most serious case. I think it could make or break him," Habib said.

In May last year, Malema was hauled before the party's disciplinary committee for sowing disunity in the ANC after remarks at a youth league conference in Limpopo a month earlier. He accused President Jacob Zuma of being worse than former president Thabo Mbeki for publicly chastising him.

The disciplinary committee dropped four charges against Malema on realising that the case had been bungled. Malema's defence team argued that the charges were in violation of the party's constitution in that they were drawn up by secretary-general Gwede Mantashe and not by prosecutor Uriel Abrahamse.

Malema was ordered to apologise to Zuma, to pay a R10000 fine, and was sent to a political school and to anger-management classes.

At the time, Hanekom reportedly said that if Malema were found guilty of the same offence within two years he would be suspended for a period determined by the disciplinary committee.

Malema is also being investigated by the Hawks on allegations of tender corruption in Limpopo.

The Sunday Independent reported that the Hawks two months ago briefly detained and questioned Malema's right-hand man and key ally, Limpopo Youth League secretary Jacob Lebogo, as part of their investigations into corruption and money laundering involving millions of rands in tenders. The report said Lebogo was carrying about R2-million in cash.

Lebogo has denied the allegation.

City Press yesterday reported that David Mabilu, a Limpopo property mogul who invited Malema to a wedding in Mauritius last weekend, had made several deposits, amounting to more than R100000, into the Ratanang Trust Fund set up for Malema's son.

Both the Hawks and Public Protector Thuli Madonsela are investigating the trust fund.

Malema has denied the corruption allegations and claimed that he uses the trust to hold donations for charity work.

• Malema has reportedly been charged by a group of Indian South Africans for "hate speech" against Indians, following comments he made in a recent speech near Lenasia. - Additional reporting by Retha Grobbelaar