Malema should have known better - ANC

2011-09-02 11:24

Johannesburg - The ANC's National Disciplinary Committee (NDC) turned down ANC Youth League president Julius Malema's application to have charges against him dismissed, a statement released on Friday said.

"The NDC dismissed comrade Julius Malema's application to have the charges quashed," chairperson of the NDC Derek Hanekom said.

The NDC considered the appeal on Wednesday and Thursday after Malema made an application on Tuesday to have the disciplinary charges against him dropped.

"The NDC has decided to release the entire ruling to the media for the benefit of its members, its Alliance Partners and the general public," he said.

The hearing would resume on Monday.

22 arguments

Malema's application detailed 22 arguments with the NDC answering against each of them.

Malema argued that he was unaware of clauses in the ANC's constitution that forbade him from making certain comments.

The NDC found the constitution encompassed both actions and utterances, hence this argument was ill-founded.

"On joining the ANC, the respondent undertook to observe discipline as set out in ... the constitution. The respondent is also bound ... to respect the constitution and defend the unity and integrity of the organisation and its principles and to combat any tendency towards disruption and factionalism," the NDC stated.

It argued that as a leader and member of the National Executive Committee of the ANC, Malema was in a position to have full knowledge and information of the policies of the ANC.

"The NDC [therefore] finds that the respondent was either aware of or ought to have been aware of the code of conduct in the ANC constitution governing misconduct."

ANC constitution 'unreasonable'

Malema argued the rules in the ANC constitution, under which his disciplinary hearing would be initiated, were unreasonable.

The NDC said in its report the ANC had a large membership and had been established for almost a century.

"Over the years there has been no outcry from its members that the code of conduct... is unreasonable, or that it causes confusion."

The party's constitution was adopted by its members at a national conference and had met no resistance. Against this background, the NDC found Malema's claim that the constitution was unreasonable and confusing without merit.

Malema had also claimed the charges were not put to him within a "reasonable" time. The NDC accepted this, but said it was difficult to determine what constituted a "reasonable" timeframe.


After the announcement to the media that Malema's appeal had been quashed, Youth League supporters sang louder than before.

Protesters carried placards expressing contempt for President Jacob Zuma and support for Malema.

Another read: "Apologies to our journalists, we wish you a speedy recovery - from ANCYL Alexandra branch".

This was after stones, bottles and rocks were thrown at journalists and police on Tuesday.

Malema was brought before the disciplinary committee on charges of bringing the ANC into disrepute and sowing divisions in ANC ranks.

He recently said the league would send a team to Botswana to consolidate local opposition parties and to help bring about regime change, as it believed the government there was "in full co-operation with imperialists" and undermining the "African agenda".
Charged with him are ANCYL spokesperson Floyd Shivambu, deputy president Ronald Lamola, treasurer general Pule Mabe, secretary general Sindiso Magaqa and deputy secretary general Kenetswe Masenogi.

All except Shivambu would appear before the committee on Friday. His disciplinary hearing had been postponed to a later date.

- Are you there? Send us your photos
Read more on:    anc  |  ancyl  |  derek hanekom  |  julius malema  |  johannesburg  |  politics

Read News24’s Comments Policy publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Add your comment
Comment 0 characters remaining

Inside News24

/Dewani Trial

Red Bull Lionheart trail run - not for the fainthearted!

Entries are open, so what are you waiting for?


Where were you when you last felt alive?

Adventure holidays for your bucket list
Top 10 water sports to try before you die
6 impressive camping tips
LOL! The 8 stages of marathon running

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now! - shop online today

Save up to R1000 on Hisense smartphones!

View the large range of Hisense smartphones. Buy today and save up to R1000!

Deal of the week!

Save R1200 on the Samsung 48” smart full HD LED television now only R8799. Buy now!

Toys 4 for the price of 3

Buy 4 toys and get the cheapest FREE! Offer valid while stocks last. Shop now!

Mind blowing prices – As seen on TV

Get mind blowing prices on 1000’s of products! Shop now.

Save 20% on Nivea beauty products!

Buy any two Nivea beauty products and save 20%. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25


There is an easy social flow and the need to blend in, yet you may not feel entirely comfortable. Something beneath the more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.