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Julius Malema. Photo: Tiro Ramatlhatse
The defence team for Julius Malema and his ANC Youth League lieutenants spent most of on Monday arguing that members of the ANC’s national disciplinary committee (NDC), including its chairman, Derek Hanekom, should recuse themselves from the mitigation process as the defence had no faith it would be given a fair hearing.
What was supposed to have been a straightforward hearing turned into a day-long argument on the suitability of the members of the committee. It had set aside six hours for the youth league president, its secretary-general, Sindiso Magaqa, and spokesman, Floyd Shivambu, to argue in mitigation of sentence and two hours for the ANC’s prosecution to argue in aggravation.
However, late on Monday, neither the youth league leaders nor the ANC had presented their cases because “most of the day was occupied with arguments for the NDC members to recuse themselves”, Independent Newspapers learnt.
The hearing started at 8am, but at 6.30pm ANC spokesman Keith Khoza confirmed the hearing was still under way and it was likely to go on late into the night.
In late August last year the NDC rejected an attempt by the youth leaders to have three committee members removed from the disciplinary hearing. Malema’s legal representatives wanted Hanekom, Mineral Resources Minister Susan Shabangu and Minister in the Presidency Collins Chabane to recuse themselves, accusing them of bias.
Hanekom and Shabangu had in the past publicly differed with Malema and the youth league on land issues and on the league’s call for the nationalisation of mines.
The youth leaders claim Hanekom’s attitude and short temper during the protracted disciplinary hearings last year and the fact that the committee initially denied them an opportunity to argue in mitigation of sentence were enough proof that the committee had treated them unfairly and would do so again.
The youth leaders’ defence team included advocates Dali Mpofu and Patric Mtshaulana, while the prosecution was led by Uriel Abrahamse.
Monday’s hearing took place at the Gauteng provincial legislature, under heavy police guard and ANC security. Journalists and photographers were refused entry and instead camped out on the opposite side of President Street.
Malema had arrived very early, along with Magaqa, Shivambu and youth league deputy president Ronald Lamola, said sources. Youth league insiders said neither the treasurer-general, Pule Mabe, who is believed to have his sights on the youth league presidency, nor deputy secretary-general Kenetswe Mosenogi, who is said to be in Mabe’s camp, made an appearance.
In November Malema and his officials were all found guilty of contravening the ANC’s constitution. Last month the ANC’s national disciplinary committee of appeals upheld the guilty verdicts of Malema, Shivambu and Magaqa, but not their sentences, ruling that they should be referred back to the NDC for mitigation of sentence. The remaining youth leaders got off the hook.
Malema faces a five-year suspension from the ANC after being found guilty of sowing division in the ANC and bringing the party into disrepute.
Magaqa was handed an 18-month suspension, suspended for three years, for a derogatory statement he had issued in which he called Public Enterprises Minister Malusi Gigaba a “government flower”.
Shivambu was found guilty of bringing the ANC into disrepute for swearing at a journalist and for issuing a statement on Botswana which was in contravention of ANC policy. He was suspended for an effective three years.
The hearing has been adjourned until Thursday, according to Khoza. He said the reason for the postponement was the amount of time that had been taken up by arguments presented by Malema’s legal team. - Political Bureau
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Jeffrey, wrote
bunch of chicken, All these so called Freedom fighters and not one has the courage to stand up against Malema. Shame on you. The ANC is weak.
Anonymous, wrote
Oh for heaven's sake I am sick to death of reading about Malema...can we get more relevant news around here PLEASE!!!
Anonymous, wrote
Why is this fat turd with a cow pat on top of his head allowed so much time and space??? Take a walk fat boy, a l-o-n-g walk with no detour signs ahead. Take your buddy with the mould on his chin with you.
Billy, wrote
OH FOR GOODNESS SAKE WILL THIS 3 RING CIRCUS EVER STOP?????????-----------WILL HE NOT JUST DRY UP DIE AND BLOW AWAY?? CAN THEANC JUST FOR ONCE MAKE A RULE AND BLOODY WELL STICK TO IT?!!!? S.A. IS SUCH A PATHETIC JOKE---PLEASE IOL STOP GIVING THIS FAT SLOB PRESS COVERAGE
JennyN, wrote
@ Anonymous 10:57 - sorry, but they remain a bunch of twits and, um, ..... who do you think funds the anc? They don't exactly have jobs, you know. Follow the slime trail and you will find without doubt that they are shoveling funds from state coffers. Remember, Anonymous, the anc is the government, and vice versa. They have majority rule and they consider the taxpayers' money to be their own private slush fund. Prove me wrong. Please.
anon, wrote
The current ANC leadership is poisenous, they have the potential to distabalise this country. They backstab each other,Malema is guilty as charged, but Zuma is worse than Malema, if they talk about bringing the ANC into disrepute then Zuma is the biggest culprit,he is an embarassment to this country.The dismisal of Juju is nothing but another strategy to ensure that they milk South Africa dry with their families. The entire ANC leadership is selfish and corrupt.
Mampe, wrote
I am so happy that finally ANC senior members like Gwde Mantashe after having used Malema to insult Naledi Pandor and Thabo Mbeki, finally have opened their eyes. Malema is not fit, infact i think he is a psycho. He needs to go back to school, perhaps he will grow and become a good citizen. THe whole of Mzansi is happy about the decision. He is a bad boy, foolish. I really do not think he see any wrong in his actions as he has always been supported by ANC allies. I never liked Malema becos he is rude, i have no idea which bush he grew up in? It's a shame!
ceebee, wrote
Looking at the comments here, I believe it is time to split the country into two. Sudan did it!!! With the current ANC Corruption, Incompetence and BEE racism we cannot move forward to a better future. Civil war is getting near.
Flemza, wrote
I know why they want the 3 NDC mebers removed , if they are removed then the ruling which the NDC made will become invalid , a clever move from Malema , but a stupid move which a layman in the street like me can read through it , hence they are not going to succeed on this one . the thing is they broke the constitution of the ANC , now the matter on the table is was 5 years the right penalty or not , from what Ramaphosa said during the appeal vedict , 5 years its not enough , Malema and his crowns must be banned for ten years instead of five years , In fact Malema is welcome to join COPE , just forget about ANC .If I were Malema I should be contacting Mbazima about COPE membership good lucky on joining COPE Malema & company
Karen, wrote
@Ali Concerned - My thoughts exactly!! These are internal ANC issues and Malema and co have lawyers representing them and boards etc etc to decide whether a member of a bloody political party should be allowed to continue being a member!? WTF!? What is going on!? They call each other cadre's, give each other military titles, run their internal little bun fights like they are important legal issues and people in the party try to change the party policy instead of just leaving and starting their own party!? I have said it before and I'll say it again.....the ANC is not a political party and has no business in politics or in government. They just don't have clue!!!
Johnnie Vercuil, wrote
ANC, get rid of Malema, he is playing the bloody fool with you, and you allow it. You should have gotten rid of him last year already. He is an embarassment to you and the country.You are wasting time with him.
Goodness Gracious, wrote
@TMI Ok buddy, I concede, after further looking into the etymology and use of the word, it can be (and is) used for more purposes than just military and police etc. Though this does not change my point about words and their power to influence particular thoughts and imagery. That is the power of propaganda after all. And really, all I had in mind to do was to ask for reporters to be more mindful of what they put out there. If that irks you, well then tough...
Anonymous, wrote
@JennyN, has it ever occured to you that it takes one twit to see another? By the way, how is your money spent on ANC issues of disciplinary? Is Malema a government employee? This stupid exercise is ANCs and not the government. It is only getting the much attention because it increases the profits. @Shechinah, it'll take Malema to figure that the show is over when people like you stop commenting on anything that has to do with him. Maybe he'll then realise the lack of importance or none thereof about him. @Dan, when it served the purpose to undermine the leadership of the former President, all was well, they liked it and made silly pronounciations but now have since turned sensitive. Typically, they said those that were burning the flag of the ANC and its regalia will be dealt with, mind you, it was a public arena and last week, when the NDC upheld the sentence, nothing was said about the coffin, depicting the death of Malema, including the burning of the T-Shirt... Talk about double standards... Don't forget, Mantashe is on record as saying they will help ZANU-PF to win elections...
Goodness Gracious, wrote
@TMI perhaps you should catch a wake up buddy. Literally, and historically, lieutenant has been used for someone who holds a position below a superior, but is generally NOT used in political terms due to its military connotations. It has been used for subordinates of dictatorial leaders, militia leaders, and war time leaders. And while we are at it, a euphemism means a mild or indirect word or expression substituted for one considered to be too harsh or blunt when referring to something unpleasant or embarrassing... so i would agree with you there, as there are only harsh and blunt words appropriate for those thugs in the youth league. So, buddy, consider words, there power, and etymology before you go try ripping someone apart for what they have to say.
Anonymous, wrote
What a waste of time and money. They have been found guilty. Appealed this and still guilty. Shut it down ANC and get rid of Malema - he is an embarassment to S.A. and to your party. Why are you bowing to their needs - make a stand once and for all and get rid of this useless corrupt man and his mates. You are wasting my tax money once again!
TMI, wrote
@ Goodness Gracious catch a wake up buddy. Literally, lieutenant means she who holds a position, and it is not only confined to the military or police. In the article it is used euphemistically to signify those who hold positions with Malema, but below him as leader. In a nutshell buddy, it is very appropriately used.
Dan, wrote
Sometimes it's better to keep your opions to yourselves rather than facing the truth...there were many statements said by many party leaders and by Julius before Zuma became President...those were very defarmitary and disrespectful to the President at the time. None of the Anc committee members has ever called them to order! Now Afriforum members are talking and keep on calling these guys names:baffoons! Idiots,Disgrace! Ja neh! No matter what you say, this still boils back to the Elders of the Organisation. They could have called these young men to order. Remember, "i will die for Zuma" " I promise you, Mbheki will never finish his term" What is good for the goose is good for gender!
JennyN, wrote
Trust the ancyl to make this into a bunfight. What a bunch of twits. How much is this costing us and why does this stupid exercist just go on and on? Of course, the next thing we know ol' malema will have developed some or other illness which will require him to be taken care of at tax payers' expense (a la schaik and selebi). Does the ruling party treat the South African public like fools or what?! We have so many serious problems that require urgent attention : Corruption and nepotism in government, teachers bonking pupils, education system rotten to the core, health system a complete failure ... the list is endless, yet they choose to spend our money on this tripe. It makes me sick.
shechinah, wrote
What's it going to take for Malema to see that the show is over? The curtains have closed and the audience are gone.
Anonymous, wrote
The debate is now about punishment BUT for what is substantially being seen as no crime. Disrepute? Zuma fornication is sufficient. Divisive? The alleged planted delegates in the 60 40 vote for Zuma to unseat Mbeki is sufficient. Smacks of camp 'justice'.
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