NDCA can lift Malema suspension – Hanekom

2012-04-05 14:15

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 chairperson Derek Hanekom has said.

“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 wouldn’t be an appeal, but an application to the national disciplinary committee of appeal.

“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 national disciplinary committee had instituted special measures because of Malema’s repeated behaviour, said Hanekom.

According to section 25.12 (g) of the party’s constitution: “When a provincial working committee or provincial disciplinary committee 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.”

Yesterday, the national disciplinary committee 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 last Friday.

Malema called ANC president Jacob Zuma a dictator and said he was suppressing the youth league.

He was informed of his immediate temporary suspension yesterday morning and that disciplinary proceedings would be instituted against him by the national disciplinary committee.

The conditions of the suspension meant that Malema would not be allowed to exercise any duty as an ANC member, president of the youth league 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 today could not be confirmed.

The national disciplinary committee, the ANC and Malema’s lawyers said they would not comment.

ANC spokesperson 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 and the two disciplinary proceedings are separate.

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