Constitution allegation propaganda: ANCYL

2011-11-21 15:32

Johannesburg - Accusations that the ANCYL leadership changed the league's constitution to discredit the findings of a disciplinary hearing is propaganda, spokesperson Magdalene Moonsamy said on Monday.

On Sunday, Mthandeni Dlungwane, a member of the KwaZulu-Natal ANCYL's disbanded executive, said ANCYL leader Julius Malema and his friends had fabricated amendments to the constitution to save his political career.

His comments came after Malema told reporters in Johannesburg that the ANC's national disciplinary committee's verdict and sanctions against the league's leadership referred to an outdated section of the constitution.

Malema said section 11.2 of the ANCYL's constitution was amended and adopted at the league's 24th national congress.

Not binding

"A person, who has been found guilty by an ANC disciplinary proceeding resulting in... suspension, temporary forfeiture of membership rights or expulsion... shall be subjected to the internal enquiry by the corresponding disciplinary structures of the ANCYL," Malema read from the constitution.

This meant that the sentence from the ANC was not binding on its leader.

Moonsamy added that those who accused the leadership of changing the league's constitution were propagandists.

Before the amendment, the section stated that a person who had been found guilty by the mother body's disciplinary proceedings would have the same application in all structures of the ANCYL.

Moonsamy said the amendment was proposed at the national congress and there were no objections from the delegates.

The City Press newspaper reported on Sunday that 12 youth league leaders from four provinces denied that the amendment was discussed at the congress or voted on.

Moonsamy said it would only have been voted on if there were objections. "The resolution was adopted at the congress and it can't be changed. There were 5 000 delegates at the congress and you cannot speak to individuals," she said.

‘Vicious intention’

"People must not speak on behalf of others who were at the congress when they were not."

All the right processes were followed and if there were objections to the amendment it could only be tabled at the ANCYL's congress in 2014, she said.

Malema said the amendment was made because the branches, regions, and provinces of the ANC were using the constitution to expel members of the ANCYL from the ANC with the "vicious intention of removing them" from the league.

Malema, ANCYL spokesperson Floyd Shivambu, deputy leader Ronald Lamola, treasurer general Pule Mabe, secretary general Sindiso Magaqa, and deputy secretary general Kenetswe Mosenogi were sanctioned by the NDC.

Malema was given a five-year suspension and told to vacate his position as president and Shivambu was suspended for three years and also told to vacate.

The other four leaders all had their youth league membership suspended for two years. This sanction was suspended for three years.

  • Kevin - 2011-11-21 15:47

    Still dont understand how you can be a member of the ANCYL and not be a member of the ANC? If the ANCYL is not under the umbrella of the ANC, then is it not a separate political party? I'm sure Derek used that argument in the disciplinary hearing. Just because the ANCYL 'leaders' believe the are above the law of the ANC doesn't make it so.

      Deeteem - 2011-11-21 16:09

      They cannot be members of the ANCYL without being members of the ANC from which they have been suspended !!!

      Mzamo - 2011-11-21 16:12

      I concur. How can you be a member of ANCYL and participate in its leadership yet you are not the member of the ANC (the motherbody)? I think the amendment of the section in the ANCYL should be declared null and void. Other than that it would make sense for me that all amendments be approved by the motherbody. How can you do such critical amendments without the knowledge of the motherbody??

      Servaas - 2011-11-21 16:15

      Well , we all know the ANCYL have no common sense, let alone pass woodwork so how on earth can we expect them to make one comment or assumption that will ever make sense. Heck, a street dog has more purpose and sense in life than the ANCYL will ever will. At least street dogs do not steal

      Kala - 2011-11-21 16:51

      Fatty doesn't seem to know when to shut the F up. He sure as hell isn't making to many friends within the ANC with his barely masked anti ANC comments. Keep shouting Fatboy! The entertainment factor is worth listening to your drivel.

  • Osman Bux - 2011-11-21 15:54

    Why have the ANCYL leadership only now reverted to this argument? Why was it not immediately referred to after the verdict was issued? Do they think we are as stupid as they are? They schemed this fraud up in the last few days. Pathetic losers. LOL at Indian suck a** spokeswoman.

      DanielDennett - 2011-11-21 16:55

      Why did they not raise this as a procedural defence at the time of the hearing....because it's a belated fabrication.

      Ronald - 2011-11-21 18:53

      Magdalene Moonsamy is going to have to work hard to justify her R 1,2 Million salary this year, including doing her homework before spouting rubbish. Their amended constitution does not come into affect until lodged and registered with the relevant agencies in government, as any body corporate, NPO, Civic Organisation, etc. that is governed by a constitution will tell you. ANCYL and ANC (including the board of the SABC), the previous is the reason why EDUCATION is not justa piece of paper but helps you to make educated decisions and give educated answers.

  • StarStruck - 2011-11-21 15:55

    Blah, blah, blah..

  • moreynolds - 2011-11-21 16:12

    Surely they can only have a constitution that differs from the ANC if they were a seperate body?? Its like a company board firing an employee from the Accounting department for fraud only for them to come back and say, no, the Accounting department has to have their own disciplinary to decide if anyone gets fired... A law unto their own.. If Juju and his cronies really want to see if they have power, they must create their own party and see who follows them..

  • Mzamo - 2011-11-21 16:16

    This is the last kick of a dying horse!! Clearly, constitution of the ANCYL should be consistent with the one of the motherbody. If not..... the one of the motherbody should prevail.

  • Chaapo - 2011-11-21 16:16

    So if they are not bound by the ANC rules, exactly how do reconcile what they are doing vis a vis ANC regulations? How does a youth faction of a party operate exclusively from the dictates of the overarching mother body and claim that its rules supersede those of the mother body? Only in South Africa do you have this level of confusion normalized.

      Kala - 2011-11-21 17:27

      "Only in South Africa do you have this level of confusion normalized. " I love this comment CHAAPO!

  • TamaraSays - 2011-11-21 16:22

    Jy liiiiiiiiiieg!

      GAMMAT - 2011-11-21 20:41

      Net so..

  • psebe - 2011-11-21 17:13

    they were drunk while at that conference that's why they don't know what was adopted or objected..just adopted..stupid.MANDELA has said this long time ago that good and experienced leaders of the ANC are deployed to government and that leaves a big hole within the organisation.The MOTHER BODY should have realized all this nonsense ,that ANCYL constitution is not consistent with its constitution.THE MANDELA'S AND SISULU were highly educated that's why they succeeded in their mission.Youth of today attend the conferences while under a heavy influence of alcohol and had no time to sit and discuss policies meticulously and fore see all unwarranted circumstances.

  • Nkululeko Coobra Gwadiso - 2011-11-21 17:28

    I'm not suprised by what we seeing frm Juju & his chronies bcz its how they took out Mbeki,believe me I'm smiling bcz Zizi kept quiet while they were dragging his name on mud yet they knew he was the best president 2 hev lead SA.....

  • Mugwanti - 2011-11-21 17:43

    Maybe they were partying and drunk while at that conference that's why they don't know what was adopted or objected..

  • rogertjenkins - 2011-11-21 17:49

    Stop using normal logic to figure this one out.

  • braamc - 2011-11-21 18:01

    Does that fat thieving bastard really think we are stupid. Let it go, spend your little time left with those who love and cherish you, anyone??

  • Vuyo - 2011-11-21 19:06

    And what else was changed? Or was it just this one sentence incidentally? Can't the man just go?

  • GAMMAT - 2011-11-21 20:15

    They are now making it easy for the ANC to expel them from the party. I think that will be the next move from the ANC leadership.

  • barry.mcbride - 2011-11-21 23:11

    Crazy stuff, especially if their original plan was not only to accuse ANCYL leaders of such accusations and find them guilty pre-disciplinary hearing, but intended to be perceived by the media & public as genuine, whilst being fully aware of the fact that such an amendment does exist in the ANCYL constitution and will be used against their ruling!

  • Schalk - 2011-11-22 05:33

    To my understanding Julius is paid by the ANC. The question is: If he has been ordered to vacate his position, as he has, who is going to pay him, even if he has changed the ANCYL constitution? Is the ANC going to succumb to his nonsense?

  • Simon - 2011-11-22 07:11

    It is amazing the Malema does not belong to the ANC. As far as i know the ANC pays for all the Ancyl events and his salary. Malema is like a child. when a child wants a sweet in the shop he is your best friend but when you say no he is your worst enemy. Now that the ANC gave him a hiding because he was naughty , he suddenly does not belong to the ANC but when he wants something , he belongs to the ANC. I wonder who is paying his lawyer , well only one guess , the ANC

  • Dirk - 2011-11-22 13:22

    Mr Malema is trying to butter his bread on both sides. First he says he is part of the ANC and will always be, then he changes the ANCYL constitution illegally to not form part of the ANC. I believe he realizes now that his appeal has massive vulnerabilities and is reverting to gorilla tactics to swindle his way out of the mess he got himself into. The real question is if the ANC is going to allow him to keep doing this or is it time to fight fire with fire. With remarks like in this article, he proofs his suspension ruling is justifiable and that he has proven that he is trying to split the ANC by saying that the ANCYL does not answer to the people and the ruling government. Another question is thus raised. Who does the ANCYL answer to if not the ANC mother body? Mr Malema, it is called the ANC Youth League, not the Julius Malema Youth League. But, this is good news. Mr Malema is hitting his name with a piece of wood (excuse the pun), as his appeal might cause him to be expelled from the ANC rather than suspended.

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