ANCYL: Original charges

2012-03-01 09:16

Johannesburg - The ANC national disciplinary committee announced the outcome of youth leader Julius Malema's disciplinary hearing on Wednesday.

Here is a list of the original charges against him and his co-accused, and the verdict handed down by the NDC in November 2011:

President Julius Malema
Charges:

- Sowing divisions in the party by comparing the leadership style of former president Thabo Mbeki to that of President Jacob Zuma.

Verdict: Guilty. The NDC found his leadership comparison portrayed "the current government and its leadership under President Zuma in a negative light and therefore had the potential to sow division and disunity".

-Bringing the organisation into disrepute through his statement that the Botswana government was a "threat to Africa" and that the youth league would set up a "Botswana command team" to bring about regime change in that country.

Verdict: Guilty. The NDC ruled the statements were "reckless and baseless" and "not part or within the parameters of ANC policy".

- Propagating racism or political intolerance for his utterances, at an election rally in Galeshewe, Kimberley in May 2011, that whites should be treated as criminals for stealing land from blacks.

Verdict: Charge dismissed. This was because this charge was not proved on a balance of probabilities.

Sentence: Malema's ANC membership was suspended for two years because he had contravened the suspended sentence he received at his first disciplinary hearing in 2010. He received a further five-year suspension for charges relating to this disciplinary hearing. The NDC said both sentences would run concurrently until 2016.

Secretary general Sindiso Magaqa
Charges:

- Prejudicing the integrity of the organisation and creating divisions by making derogatory remarks about national executive committee member and Public Works Minister Malusi Gigaba. Magaqa accused Gigaba of "pleasing imperialists" when he said the nationalisation debate was hurting foreign investment in South Africa.

Verdict: Guilty. The NDC found Magaqa's statement undermined the effectiveness of the ANC as a ruling party and Gigaba's position as minister.

Sentence: His ANC membership was suspended for 18 months, a sanction which was itself suspended for three years on condition he apologise within five days, or appeal.

Spokesperson Floyd Shivambu
Charges:

- Swearing at Jacques Dommisse, a Media24 investigative reporter, in July and issuing a press statement accusing the Botswana government of "embracing imperialism" and calling for regime change in that country.

Verdict: Guilty.

- Provoking divisions by issuing a press statement, relating to Botswana, which discounted a corresponding statement issued by ANC spokesman Jackson Mthembu, thus driving a wedge between Mthembu and party officials.

Verdict: Guilty.

Sentence: Shivambu's ANC membership was suspended for three years.

Group Charge:

Malema, deputy president Ronald Lamola, treasurer general Pule Mabe, secretary general Sindiso Magaqa and deputy secretary general Kenetswe Mosenogi were also charged with deliberately disrupting a high-level ANC meeting.

Verdict: Guilty. The NDC said it was "untenable" to enter a high-level meeting, which included the president and deputy president of South Africa and the ANC, uninvited.

Sentence: Their ANC membership was suspended for two years, a sanction which was itself suspended for three years provided none of them undermined the party's constitution or code of ethics in that period.

- SAPA