ANC Youth League leader Julius Malema has been shown the door - and must clear his office.
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ANC Youth League leader Julius Malema has been shown the door - and must clear his office.
A decision by the national disciplinary committee of appeal to uphold his conviction on two charges of sowing division within the party triggers a two-year suspended sentence passed in 2010 - which will come into effect almost immediately.
The two charges were based largely on his comments on Botswana and the decline of the African agenda.
ANC spokesman Keith Khoza confirmed: “Now that the guilt has been upheld by the national disciplinary committee of appeal, the national disciplinary committee will communicate the implications of this finding formally as soon as possible.”
In 2010 Malema was found guilty of sowing division in the party by comparing the leadership of former president Thabo Mbeki and that of President Jacob Zuma. He was given a two-year sentence suspended on condition that he was not found guilty of the same charge within two years.
When Cyril Ramaphosa, chairman of the appeal committee, announced that it found no reason to “vary” a decision of the disciplinary committee taken late last year, in terms of which Malema was found guilty of comparing Zuma to Mbeki again on the Botswana and African leadership issues, Malema’s suspension kicked in.
“Consequently, the national disciplinary committee of appeal finds no reason or basis to vary the findings of the disciplinary committee,” said Ramaphosa. With these words, he effectively sealed Malema’s fate.
Malema can now only argue in mitigation to have his period of suspension reduced. If he is suspended for two years, he could still return to the league. But this would rule him out for the 2012 ANC leadership contest, though he could lobby from the sidelines.
However, it appeared late yesterday that Malema, who went to visit Winnie Madikizela-Mandela at her Soweto home after the announcement, was unaware of this twist.
League spokesman Floyd Shivambu, believing the suspension had not kicked in, said they would go ahead with the work of the league and the ANC until all processes were finalised.
Asked how Malema took the appeal committee’s decision, Shivambu said: “He is fine. We are ready for anything.”
He said they planned to abide by the guidelines and constitution of the ANC in terms of how they proceeded. “We are all fine. There is no panic, there is no depression. We are all fine.”
The announcement yesterday also meant that Malema was handed a poisoned chalice – he has the opportunity to lead mitigating factors why his five-year suspension should be changed before a reconvened disciplinary hearing, but the ANC can also argue in aggravation.
Although Malema can lobby supporters in the ANC national executive committee to petition for a review, there is no guarantee the ANC’s highest decision-making body between national conferences would take it up in the first place.
Yesterday Ramaphosa gave no indication of this possible development. The committee declined to answer questions as, Ramaphosa said, the matter “may finally come back to us”.
His 90-minute delivery was peppered with scathing language describing the appeal arguments as “absurd in the extreme”, “naive” and even “draconian”.
Appeals against the guilty verdicts were all dismissed unanimously by the appeals committee.
The youth leaguers were found guilty in November last year of sowing divisions and bringing the ANC into disrepute, largely for comments regarded as calling for regime change in Botswana.
They appealed, citing bias in the disciplinary committee and its chairman Deputy Science and Technology Minister Derek Hanekom; claiming that the charges were incorrectly brought by the ANC top officials; that the outcome was predetermined; that it was done to settle political scores and that there was no opportunity to lead mitigating factors.
The only good news for the league was the setting aside of the conviction for barging into a meeting of the ANC’s top six officials.
Returning to the disciplinary committee to argue mitigating circumstance would be Malema’s only chance of returning to the league – regardless of whether the two-year suspension has indeed come into effect. At age 30, a two-year suspension still allows for future participation in the league, whereas a five-year suspension puts him in the political wilderness because of the 35 age cut-off.
However, arguing in mitigation would carry the risk of the ANC introducing aggravating factors - including Malema having led supporters in the “shower song”, which disparages Zuma, and a swathe of public statements proclaiming the “fight” against what the youth league says are politically motivated moves to silence it.
Malema, secretary-general Sindiso Maqaga and Shivambu now have 14 days to decide whether to go back to the national disciplinary committee for arguments in mitigation. If they do, there will be a disciplinary hearing on mitigation and aggravation, followed by verdict and sentence and, possibly, another appeal to the appeal committee. There is no deadline for the process.
If they do not take up the opportunity to lead mitigating factors, Malema’s five-year suspension kicks in, as does the three-year suspension of Shivambu.
Centre for the Study of Democracy director Steven Friedman said there could still be some play as the appeal committe decision is not the final step.
While it may be a setback for the anti-Zuma camp, he added, the real fall-out would be in the campaign to replace ANC secretary-general Gwede Mantashe with Sports Minister Fikile Mbalula. “You are not going to have a united youth league going out to bat for Mbalula,” Friedman said.
Susan Booysen, of the Wits University Graduate School of Public and Development Management, said “the waters remain muddied”.
About the campaign to prevent Zuma’s second term as president, it may be forced to go back to the drawing-board - split as it is between those wanting to work with Malema and those opposed. “It can still mean anything. It could mean that Zuma wins in the end. But the bigger picture shows us there are really no winners. It’s just a continuation of the drama in the ANC,” Booysen said.
“The ANC will go in and plead aggravating evidence, they can’t afford to be upstaged. It’s going to be no-holds barred.”
Ramaphosa was the spokesman for the appeal committee which included Minister in the Presidency Trevor Manuel, Justice Minister Jeff Radebe and NEC members Jessie Duarte and ex-justice minister Bridgette Mabandla. - Sunday Argus