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If ANC Youth League president Julius Malema wants his latest suspension lifted, he will have to approach the ANC's appeals committee, national disciplinary committee (NDC) chairman Derek Hanekom said on Thursday.
“We've made it clear that the member (Malema) has a right to reply to the NDCA (national disciplinary committee of appeal),” said Hanekom.
“They can lift the suspension.”
However, it would not be an appeal, but an application to the NDCA.
“This was a special measure in exceptional circumstances. There are no findings and there is no appeal,” he said.
“He has not been charged; it's an immediate temporary suspension.”
The NDC had instituted special measures because of Malema's repeated behaviour, said Hanekom.
According to section 25.12 (g) of the ANC's constitution: “When a provincial working committee (PWC) or provincial disciplinary committee (PDC) imposes a temporary suspension on a member or a public representative, it must immediately forward a report of such suspension and the reasons for it to the NDCA and the NDCA may, if circumstances warrant it, at any stage set aside such suspension.”
On Wednesday, the NDC announced it had temporarily suspended Malema from the party to investigate charges relating to comments he made at a centenary lecture at the University of the Witwatersrand on Friday.
Malema called ANC President Jacob Zuma a dictator and said he was suppressing the ANCYL.
Malema was informed on Wednesday morning of his immediate temporary suspension and that disciplinary proceedings would be instituted against him by the NDC.
The conditions of the suspension meant that Malema would not be allowed to exercise any duty as an ANC member, president of the ANCYL or member of the Limpopo provincial executive committee.
Reports that Malema's lawyers were threatening to take the party to court if it did not withdraw the suspension by 2pm on Thursday could not be confirmed.
The NDC, the ANC and Malema's lawyers said they would not comment.
ANC spokesman Jackson Mthembu said the party frowned on its members taking it to court.
“We are against anyone who takes the ANC to court because we do have a constitution in the ANC and we abide by the constitution,” he said.
Malema is appealing his expulsion from the ANC for sowing division in the party and for bringing it into disrepute. The appeals hearing takes place on April 12.
The two disciplinary proceedings are separate. – Sapa