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