Gaye Davis
EMBATTLED ANC Youth League leader, Julius Malema, fighting for his political career, will hear tomorrow whether he succeeded in arguing that disciplinary charges against him be quashed.
The ANC’s national disciplinary committee adjourned its hearing yesterday for its members to deliberate on substantive issues raised, both on the part of Malema, and the ANC.
It will deliver its ruling on the application for the charges to be quashed or dropped at 9am tomorrow morning.
At the start of proceedings on Tuesday, Malema’s representatives launched into preliminary arguments relating to the charge sheet and also sought the recusal of three members of the disciplinary committee.
After hearing argument for and against, the committee ruled that its chairman, Derek Hanekom and members Collins Chabane, Minister in the Presidency, as well as Minerals Minister, Susan Shabangu, would not recuse themselves.
Convenience
However, the committee said in a statement last night that by agreement, the charge related to Youth League executive members barging into a meeting last month of the party’s top officials – which reportedly incensed President Jacob Zuma – was removed from the charge sheet.
The statement said this was done “for the sake of convenience” and made it clear the charge had not been withdrawn
“He (Malema) will now appear together with the other four respondents (ANCYL deputy president, Ronald Lamola, treasurer Pule Mabe, general secretary Sindiso Magaqa and his deputy, Kenetswe Masenogi) on this charge tomorrow because the charge, the facts, witnesses and representatives of the respondents are the same.
“On the application for the recusal of three members of the NDC, the NDC turned down the application on the grounds that insufficient facts had been advanced to show bias or a perception of bias on the part of these three members,” the statement said.
Once the committee had ruled on these preliminary issues, Malema’s representatives brought a further application, to have all the charges quashed or dropped entirely.
“Arguments for and against this application started late Tuesday afternoon and continued on Wednesday,” it said.
“The NDC adjourned the hearing to deliberate on the substantive issues raised by both parties and will deliver its ruling on the application for the charges at 9am.”
It said that disciplinary hearing of Youth League spokesman and Malema’s right-hand man, Floyd Shivambu, had been postponed “to a later date”.
Malema faced various charges of breaching the party’s constitution, including bringing it into disrepute and sowing divisions.
The decision to take steps against him has been interpreted as major political battle between the ANC factions he acts as a proxy for and those who back Zuma for a second term.
However, ANC insiders have indicated that it goes far beyond that, with many senior members of the party persuaded that the future of the organisation itself is at stake.
The Youth League has threatened not to support for re-election leaders not committed to its “economic freedom” agenda, which includes nationalising the mines and other sectors of the economy, such as banking. This form of political blackmail is seen as a signal danger as, if it were to succeed, no leadership of the ANC would be able to stand up to the youth league without the threat of being overthrown.
In a lengthy argument which dominated yesterday’s disciplinary hearing proceedings, Malema’s legal counsel argued that the committee dismiss charges relating to:
l Malema saying in July that the youth league would set up a “command team” which would assist the opposition parties in Botswana to unseat reigning President Ian Khama. The league leadership also called Khama “a puppet of the West”.
l His comments at a local government electioneering rally in Kimberley at which he labelled whites criminals, reportedly saying, “We must take the land without paying. They took ours without paying. Once we agree (that) they stole our land, we can agree (that) they are criminals and must be treated as such”.
l Praising former president Thabo Mbeki, saying his departure from South Africa’s and the continent’s affairs had signalled an end to issues of the “African Agenda”.
It is understood that Malema’s legal team argued that his utterances did not constitute a breach of the ANC’s constitution because he was expressing an opinion held by the youth league leadership and their supporters.
Hope
His team also submitted that the league’s leadership had apologised to the ruling party for their comments on Botswana and its head of state.
The ANC’s prosecution team rejected the application and insisted all charges against Malema be retained. They did not argue why this should be so.
Briefing Malema’s supporters at Beyers Naudé Square opposite Luthuli House after the adjournment, Magaqa asked the crowd to maintain discipline when they return tomorrow.
“We find hope, when we see you, during hard times. You bring hope to the leadership of the ANC Youth League,” he said.
Meanwhile, the Gauteng provincial government is to lay criminal charges against the youth league for damages to one of its buildings in Johannesburg.
A total of 18 windows of the Department of Roads and Transport were shattered when Malema supporters pelted police with stones and bottles outside in Simmonds Street on Tuesday.
It is understood that the decision to lay criminal charges was taken at a high-powered meeting attended by the acting head of department, Stuart Lumka, and senior officials yesterday.
Departmental officials have begun gathering video footage and photographs and other materials which could assist in the arrest and prosecution of the suspects.