Malema appeal postponed

2012-04-12 19:04

Johannesburg - The appeal hearing of three ANC Youth League leaders was postponed on Thursday, ANC national disciplinary committee of appeals (NDCA) chairperson Cyril Ramaphosa said.

Embattled league president Julius Malema, spokesperson Floyd Shivambu and secretary general Sindiso Magaqa were scheduled to submit their appeal presentations to the NDCA at the African National Congress headquarters at Luthuli House, Johannesburg.

Ramaphosa said the three asked for the hearing to be postponed because their lawyer was not available.

"The NDCA turned down the request and insisted on the continuation of the hearing."

The appellants then asked for a new legal representative, and the committee agreed to this, on the condition that the new lawyer be available within an hour. Advocate Muzi Sikhakhane arrived soon afterwards, but asked for time to familiarise himself with the heads of argument, Ramaphosa said.

"The NDCA agreed to postpone the hearing with a proviso that the new legal representative will submit the appellants' heads of argument by the 18th April 2012 in writing."

Written submissions

He said the ANC would need to submit its heads of argument two days later.

"The parties have agreed that the appeal will proceed through written submissions rather than oral hearing."

Unnamed sources told the SABC that Malema's lawyers had not arrived for the hearing because they had not received key documents relating to the national disciplinary committee's previous sitting, which expelled Malema.

Malema was expelled from the ANC in November 2011 for sowing division in the party and for bringing it into disrepute.

He was found to have done so by unfavourably comparing the leadership style of President Jacob Zuma to that of former president Thabo Mbeki and for remarks about bringing about regime change in Botswana.

He remains ANCYL president until all options to overturn his sentence have been exhausted.

Shivambu was also found guilty of sowing division and bringing the ANC into disrepute. He was suspended from the ANC for three years for swearing at a journalist and for issuing a statement calling for a change of government in Botswana.

Magaqa was suspended for three years for making derogatory remarks about Public Enterprises Minister Malusi Gigaba. This was suspended for three years on condition that he apologise to Gigaba within 15 days. Magaqa apologised to Gigaba, in a statement sent to the media, on March 10.

ANCYL remains defiant

Last week the ANC's national disciplinary committee suspended Malema from the party for calling Zuma a dictator.

The conditions of the suspension prohibit him from exercising any duty as an ANC member, president of the ANCYL or member of the Limpopo provincial executive committee. He would face fresh disciplinary proceedings in this matter.

The two disciplinary proceedings were separate.

The ANCYL remained defiant, with provincial leaders insisting Malema remained its president. Should Malema's appeal fail, he could ask the ANC's national executive committee to review the matter.

Failing this, he could attempt to raise his concerns at the ANC's elective conference in Bloemfontein later this year.

Last month, Malema said he would seek redress in the courts if he was expelled. Until then he had consistently rejected the idea of taking legal action against the ANC.

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.

  • Sharon - 2012-04-12 19:08

    This is South Africa's spin on "The Never Ending Story" Only in this version there is no cute flying dog, and no princess in distress - oh, but hang on, Malema can fill that role..

      Godfrey - 2012-04-12 19:26

      Would like to know, how many hearings they have concluded in the 100 years, considering half a year per case and this one is not concluded by a long shot.

      Jack - 2012-04-12 19:36

      Has there ever not been a postponement with these people? Eish??

      Christopher - 2012-04-12 20:07

      Sharon...Malema fly?? mmmmmm....roadkill.

      Azmeena - 2012-04-13 07:56

      Hahaha. Is he the dog or the princess? LMAO

      Jacqui - 2012-04-13 12:06

      I loved that movie.

  • CharlesDumbwin - 2012-04-12 19:09

    Just fire this 'comrade' now !!! He and the ANCYL are a disease to South Africa. Them and their stupid berets, they look like toilet heads !!!

      Sboniswa - 2012-04-12 19:10

      fully agreed, stupid berets

      Luviwe - 2012-04-12 19:50

      Rules are rules even if it is Juju.

  • Scouter - 2012-04-12 19:11

    I do wish News24 would stop doing this at this time of day - I was just about to tuck into dinner and now I am tempted to throw the whole plate at the wall.

  • Al - 2012-04-12 19:13

    I would make a killing making "Bang Head Here" posters

  • Christopher - 2012-04-12 19:21

    Again...postponed...again?? are you seriouuus....postponed...again??? never...not postsponed...cannot be...poastponed...again?? seriouussss!!

      Eugene Walters - 2012-04-12 19:29

      playing for time , By the time the case is finished the 5 yr suspension will be over and juluis will be back where he was

  • Kyle - 2012-04-12 19:24

    What a load of poo!!

      Sharon - 2012-04-12 23:11

      Now, now, don't bring Winnie into this!

  • Dave - 2012-04-12 19:26

    Truly unbelievable, this has become so farcical.....and Malema is leading this committee around by it's tail...this ain't over people till the fat boy sings...

  • Irene - 2012-04-12 19:28

    These shrewd tactics of the Fatboy will carry on until Maugaung (or whatever it's name is) as the thug still wants to influence the succession debate.

  • Lyndatjie - 2012-04-12 19:28

    Tried to act surprised but I'm not THAT good an actress!

  • Andrew - 2012-04-12 19:32

    Just typical of the chaos within the ANC. The entire country was aware of the appeal except Malema's lawyers. How these bastards can lie without conscience? What a typical ANC fiascpo like all they put their corrupt grubby little fingers into!!!!

  • Mike Purchase - 2012-04-12 19:33

    the clowns are joking around again

  • Jean - 2012-04-12 19:41

    Dit raak nou net vervelig om hierdie Julius Malema artikels te lees en niks kom tot n punt nie!!

  • siyadyosiba - 2012-04-12 19:47

    Even a rubber band can be stretched to a certain limit. Playing games is not gonna help Malema.

  • Luviwe - 2012-04-12 19:48

    I so wish we can understand the rules of natural justice. The lawyers need to be fully conversant with heads of arguements so that they are able to formulate a defence strategy, and Juju and his comrades are no different. People are too much in a hurry to see the back of Juju.

  • anonymousover9000 - 2012-04-12 19:55

    My word. The ANCYL is behaving like an 8th grade schoolchild who can't hand its homework in on time. Perhaps even worse though is the NDCA behaving like its fed up teacher who just wants to go home and so keeps allowing this to happen. Indeed it seems the culture of a schoolyard is unwilling to forgive and forget the people who didn't put up with it in the first place.

  • Peter - 2012-04-12 20:02

    I fear that the ANC runs the country in the same way it runs the party - with a very flat battery.

  • Chaapo - 2012-04-12 20:02

    Never-ending circus. That is why we never seetle anything efficiently (except in corrupt acquisitions of assets and tenders of course).

  • lucky.maduwa - 2012-04-12 20:14

    like i sad before,drop all the damn charges and let malema my juju go back to his home ANCYL presidency, and stop wasting yall,s time and mine\r\nThank you

      Eric - 2012-04-12 20:24

      Mfethu u right, I also need my Juju back to his duties as currently the is no movement.

      Scouter - 2012-04-12 20:52

      Where did you say that before, Lucky? I seem to be unable to find it on this thread. Perhaps you are mistaken.

      Jacqui - 2012-04-13 12:09

      Lucky, can't you get your JuJu to take an interst in stopping the killing of our Rhinos?.

  • Eric - 2012-04-12 20:20

    Eish Malema, but I will advice u dat. Since a lawyer is running away from u then accept dat u might be fighting a battle dat u shall loose. Waste not yo money and accept dat, the very same JZ dat u can die or kill for is now furtherup wit yo contribution to the ANC. I like u and yo effort, I also wish u can win and b our ANCYL press.

      siyadyosiba - 2012-04-12 20:28

      The worst thing in his relentlessness and further insulting of the ANC, is that he will be left alone in wilderness. The hyenas and vultures are too friendly with a vulnerable prey.

      Scouter - 2012-04-12 21:05

      That is an exceptionally deep comment Siya and one I would like to keep. A great African heritage truth, methinks.

  • Dorothy Mamphey - 2012-04-12 20:52

    tired of appeals!

      Stanley - 2012-04-12 21:09

      ai..u can say that again!!

  • Ian - 2012-04-12 21:01

    DO ME A FAVOUR cANCer, pls F OFF

  • Herman - 2012-04-12 21:09

    Zuma, die tosser is jou baas.

  • Don.Tandy - 2012-04-12 21:29

    And why am I not surprised? Fatboy has these ANCorruption wankers exactly where he wants them - dancing to his tune, just like they will be doing for some time yet, because no-one has the balls to stand up to him. What a joke.

  • Frank - 2012-04-12 21:31

    malema is making millions of comments and headlines, with dat in mind i came to da conclussion dat he is a celebrity and also a role model of many people in mzansi. Everyone want to comment abt hm

      siyadyosiba - 2012-04-12 23:03

      Judging by your frame of analysis.... I now conclude it doesn't produce truthful output.

  • Grant - 2012-04-12 22:09

    I don't think the ANC will make a final decision until they see 'which way the wind blows'. Malema could end up as boss and then it would be pay back time...

  • Andrew - 2012-04-13 09:32

    Why is it necessary to have lawyers present at so called internal hearings ? Malema is supposedly a bright spark and therefore able to answer simple questions. He always has his mouth going when attending meetings and shouting the odds about nationalization and ecconomic freedom, so why have a lawyer.

  • Jacqui - 2012-04-13 12:05

    The games these people play. The whole lot should attend pre-school.

  • mashele.nyiko - 2012-04-13 13:09

    Postponements is disgusting. The ANC is afraid to take decision to expel its monster

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