African National Congress Youth League President Julius Malema has plead guilty to one charge of violating discipline within the ANC ruling party in the Republic of South Africa. He was acquitted on other charges by the NDC.
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MATUMA LETSOALO AND KARABO KEEPILE
JOHANNESBURG, SOUTH AFRICA - May 13 2010 17:03
The ANC Youth League is planning to put pressure on the ANC's national executive committee to overturn the decision of the party's national disciplinary committee after it found youth league leader Julius Malema guilty of undermining President Jacob Zuma.
The Mail & Guardian has established that the youth's secretary general Vuyiswa Tulelo will submit a report to the ANC's NEC this weekend, outlining the league's grievance regarding the outcome of the ANC's national disciplinary committee -- headed by deputy minister of Science and Technology Derek Hanekom.
The committee cleared Malema on three main charges, which included singing the "Kill the Boer" song in defiance of ANC directives, endorsing Zanu-PF and attacking the Movement for Democratic Change as a "Mickey Mouse party" during his visit to Zimbabwe, as well as embarrassing the party by verbally attacking a BBC reporter Johah Fisher.
However, Malema pleaded guilty and was forced to apologise to Zuma and the ANC after he implied that Zuma was worse than former president Thabo Mbeki.
Malema to be sent away
The M&G understands Malema opted for the plea bargaining route after Hanekom insisted his membership be suspended for two years or that he should be sent away to China or Cuba for the same period.
ANC treasurer general Matthews Phosa, who represented Malema, strongly objected to Hanekom's proposal and questioned the motive behind his suggestions saying they were political. Malema's legal team suggested entering into a plea bargain, which included a R10 000 fine and a two year suspended sentence.
However, the M&G understands the youth league will put pressure on the ANC to overturn the decision as this would set a wrong precedent for future engagements.
"What this decision means is that youth league leaders would not be able to speak in future. We must nip it in the bud before it is too late," said a senior youth league leader, who preferred not to be mentioned.
On Thursday Tulelo told journalists that the youth league would approach the ANC to discuss procedural matters.
League members to pay
She also said the league's national executive committee took a decision to establish a fund, which will see youth league members contributing money to pay Malema's R10 000 fine.
Tulelo said ANCYL leaders would also attended the anger management course with Malema.
"We are of the view that Malema made the statements not in his personal capacity, but he was representing the views of the youth league."
"Overall, the ANC Youth League does not have a problem with efforts and programmes that promote youth development and individual development and growth of its leadership, and will forever protect principles of the organisation."
The M&G also understands that the league plans to question the involvement of Cosatu in the decision to charge Malema.
It is understood that South African Communist Party (SACP) Secretary General Jeremy Cronin was the first one to suggest during the SACP's bilateral with the ANC that Malema be charged. Cosatu also suggested the same thing during its bilateral with the ANC.
"For us it is important that this decision is overturned because the ANC can not be controlled by Cosatu. They [the ANC] are just implementing decisions taken by Cosatu. The reality is that the ANC is run from Cosatu headquarters and we are not going to allow this to continue," said the ANCYL leader.
Nationalisation of mines
The League said it was more determined now than ever "in the struggles, advocacy for and campaign for the nationalisation of mines.
The ANC Youth League nationalisation of mines study-group will present a comprehensive report to the ANC on the nationalisation of mines study-tours once all countries that have been identified are visited.
"We appreciated the fact that the nationalisation of mines is on the agenda of the ANC and will be discussed in the ANC national general council and national conference in September 2010 and December 2010 respectively," Tulelo said on Thursday.
Young Women's Assembly
The National Executive Committee has also welcomed the youth leagues resolutions of the Young Women's Assembly and endorsed the campaign's One-Boyfriend-One girlfriend, and the campaign for the free provision of quality sanitary towels.
"The youth league will intensify the campaign to discourage multi-sexual relationships amongst all people in South Africa to reduce the scourge of HIV/Aids," she added.
Source: Mail & Guardian Online
Web Address: http://www.mg.co.za/article/2010-05-13-ancyl-out-to-overturn-disciplinary-decision
Outcome of the ANC National Disciplinary Committee On The Hearing Of Comrade Julius Malema
African National Congress Press Statement
11 May 2010
On the 3 and 11 May 2010 the National Disciplinary Committee (NDC) of the ANC convened to consider charges against comrade Julius Malema (the Respondent). The charges had been brought by the National Officials of the African National Congress (the Complainant).
On 3 May 2010, the NDC heard and ruled on procedural matters presented on behalf of the Respondent.
The final NDC panel that heard the case consisted of cdes Derek Hanekom (chairperson), Ayanda Dlodlo and FÈbÈ Potgieter-Gqubule.
The NDC reconvened on Tuesday 11 May 2010 to continue with the hearing on the merits of the case. Comrade Malema was initially charged with four charges. Following discussions between the ANC Chief National Presenter (the Presenter) and the representative of Comrade Malema, cde Matthew Phosa, a plea bargain was entered into which resulted in the withdrawal of three of the original charges.
Charge three of the original charges remained and read as follows in its amended form:
"That you are guilty of contravening Rule 25.5.(i) of the Constitution of the African National Congress by behaving in such a way as to provoke serious divisions or a break-down of unity in the organization;
IN THAT:
At the ANC Youth League Limpopo Provincial Congress, on Sunday, April 11, 2010, when addressing the media, you issued the utterance that, "Even (former) President Thabo Mbeki, when he differed with the Youth League, and the Youth League had taken firm radical positions against him, he never did that" thereby implying that the ANC Youth League, of which you are the President, has taken a position against the President of the ANC."
The respondent pleaded guilty to this charge. The result of this has been that the leading of evidence became unnecessary.
The NDC therefore considered what was proposed as appropriate sanction. Although the NDC has to attach an appropriate weight to a plea bargain, it held that the NDC has discretion to either accept, amend or reject a proposed sanction if inappropriate to the misconduct. After considering both mitigating and aggravating circumstances, the National Disciplinary Committee ruled as follows:
A. APOLOGY: Comrade Julius Malema shall make a public apology to the President of the ANC, the ANC and the public in general. The text of the apology is contained in Annexure A, and submitted as part of this Press statement on behalf of cde Malema.
REMEDIAL ACTION: Comrade Julius Malema shall:
Attend the ANC Political School for at least twenty (20) days within the next year, from the date of this ruling.
Attend programmes on effective leadership communication and anger management or other appropriate programmes at local institutions to be determined by the NDC.
Adherence to the sanctions in clauses 4.5.2 shall be monitored by ANC National Office Bearers.
FINE: A fine of R10,000 (ten thousand rand) is imposed and payable within 3 months to a Youth Development Project to be determined by the Presenter.
The NDC further ruled that should Comrade Julius Malema be found guilty of contravening rule 25.5 (i) of the ANC Constitution within the next two years, his membership of the ANC shall be summarily suspended, for a period to be determined by the NDC.
Issued by:
Derek Hanekom
Chairperson
African National Congress
National Disciplinary Committee
Enquiries:
Brian Sokutu 071 671 6899
ANNEXURE A
I, Julius Malema, apologise to the President of the ANC and the Republic, comrade Jacob Zuma and to the membership of the African National Congress and the public in general for the statements and utterances that I made on 11 April 2010 at the ANC Youth League Limpopo Provincial Congress implying that the ANC Youth League has taken a position against the President of the ANC.
I accept that these statements had the effect of undermining the stature of the President of the African National Congress and of the Republic. It further may have had the effect of undermining the confidence of our people in the leadership of the ANC and of creating serious divisions and breakdown of unity in the organization.
I make this apology unconditionally as I accept that as a leader of the ANC and of the ANC Youth League my conduct and public utterances should at all times reflect respect and restraint. I accept one of the key principles of Congress leadership as outlined in Through the Eye of the Needle, a policy document adopted by the 51st and 52nd National Conferences of the ANC, that "an abiding quality of leadership is to learn from mistakes, to appreciate weaknesses and to correct them."
I have learned from this mistake and therefore submit myself to the discipline of the ANC.
ANC welcomes NDC ruling
12 May 2010
The African National Congress (ANC) welcomes the ruling last night (11 May 2010) by its National Disciplinary Committee (NDC), which concluded the hearing into the conduct of ANC Youth League President Julius Malema.
We have noted that, not only has comrade Malema pleaded guilty to contravening Rule 25.5.(i) of the Constitution of the ANC by behaving in such a way as to provoke serious divisions or a break-down of unity in the organization, but that he has showed remorse. He has submitted an apology to the ANC President and the Republic to the NDC which has now been made public.
The ANC is particularly pleased with the corrective nature of the ruling which includes remedial action like attending the ANC Political School for at least twenty days within the next year, from the date of this ruling; and attending programmes on effective leadership communication and anger management or other appropriate programmes at local institutions to be determined by the NDC.
The ruling further demonstrates the ANC's zero tolerance on conduct not in line with its leadership values. It is not a light ruling, considering that should comrade Malema be found guilty of contravening rule 25.5 (i) of the ANC Constitution within the next two years, his membership of the ANC shall be summarily suspended, for a period to be determined by the NDC.
We thank the NDC panel, which consisted of comrades Derek Hanekom (chairperson), Ayanda Dlodlo and F�b� Potgieter-Gqubule for displaying a high measure of independence and integrity in adjudicating over the matter.
Issued by:
Brian Sokutu
African National Congress
Enquiries:
Brian Sokutu 071 671 6899
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