Malema gets mitigation reprieve

2012-02-05 00:00

Johannesburg - Suspended ANC Youth League president Julius Malema has been given a 14-day reprieve to argue for a lesser sentence after he failed to have his suspension overturned.

The ANC's national disciplinary committee of appeals (NDCA) referred the matter back to the national disciplinary committee on Saturday for review.

"The NDC will determine an appropriate sanction after hearing evidence of mitigation and aggravation of sanctions that the parties may wish to present," appeals committee chair Cyril Ramaphosa said at the ANC's headquarters in Johannesburg.

He said referring the matter back to the disciplinary committee was in the interest of justice and was necessary in keeping with the spirit and objectives of the ANC's constitution.

Ramaphosa emphasised the importance of discipline in the organisation, saying it was "one of the key pillars in the life of ANC".

The decision was communicated to the youth league shortly before it was made public, he said.

The NDC - which had initially found Malema and his executive guilty of provoking serious divisions within the ruling party and bringing it into disrepute - was instructed to provide guidelines to ensure a speedy conclusion.

Malema had previously said the league would send a team to Botswana to consolidate local opposition parties and help bring about regime change.

ANCYL spokesperson Floyd Shivambu was charged with him along with deputy president Ronald Lamola, treasurer general Pule Mabe, secretary general Sindiso Magaqa and deputy secretary general Kenetswe Mosenogi.

Shivambu's three year suspension for contravening the constitution of the ANC by swearing at a journalist and issuing the statement on Botswana had also been upheld.

Earlier, ANC spokesperson Keith Khoza said this meant both Malema and Shivambu were stripped of their titles and party membership with immediate effect.


However, the ANC released a statement on Saturday evening distancing themselves from Khoza's comment.

"Comrade Keith has already apologised for speaking out of turn and without a mandate on a matter that resides with the NDC and other leading structures of the ANC," spokesperson Jackson Mthembu said.

Sapa understands that their suspension would only come into effect once the mitigation and aggravation processes were completed.

The NDCA had also upheld a conviction against Magaqa for making potentially defamatory statements.

Magaqa was ordered to apologise to Public Enterprise Minister Malusi Gigaba within five days for his "derogatory" statement against him or face 18 months suspension.

He had accused Gigaba of "imperialist sympathies " after he criticised the league over its comments on the nationalisation of mines.

Ramaphosa said the league had "misread" a provision of the ruling party's constitution.

He was referring to an argument by the youth leaders that the national officials of the African National Congress did not have the power to institute disciplinary proceedings against them in terms of the party's constitution.

The league's appeal before the party's disciplinary appeals panel was largely based on the claim that the committee did not give them opportunity to argue about their sentences at the end of the disciplinary process.

One charge dropped

The only charge that was dropped by the appeals' committee was a minor one - when Malema and his co-leaders in the ANCYL top five barged into a meeting of the ANC's top six officials.

Ramaphosa said there was no evidence, they did this “deliberately”.

On Saturday afternoon, Malema, Shivambu, Magaqa and Lamola went to visit ANC veteran Winnie Madikizela-Mandela at her home in Soweto, south of Johannesburg.

Shivambu told the eNews channel that they were there to visit Madikizela-Mandela who was recovering at home following a knee operation.

Earlier on Saturday she issued a statement saying she had no communication with any of her offices regarding the visit.

Madikizela-Mandela was a strong Malema supporter and had even criticised the disciplinary process instituted against him by the mother body.

  • Bob - 2012-02-05 00:25

    I thought mitigation was always pleaded before final sentencing…not after!! What’s with these people…damit..! The man was found guilty, he lost his appeal ..that’s it, Kick him out, Period!

      Ntfutfuko - 2012-02-05 07:32

      The ANC is becoming too academic... they cannot put theory in to practice hence the dismal failure in service delivery.

      Atholl - 2012-02-05 07:40

      This case is in need of a Nicholsonic Intervention {to spice things up} - then you may litigate, mitigate, arbitrate, corruptinate, appeal late, castrate, AND of course: - Infiltrate

      Squeegee - 2012-02-05 07:44

      Leonard, I see it differently. They had to seem fair and opened the door for mitigation. However, Cyril made it very clear - and News24 seems to be ignoring this aspect - that they (The ANC) could argue in aggravation. I think this opens the door for even stiffer sentences. If they argued that Juju had continued his utterances against the leadership since November, showing no remorse, they could have a case to kick him out completely. Zuma has to be rid of Julius. My guess is that he will be suspended and soon after the ANC has distanced itself from him the Hawks will arrest him.

      goyougoodthing - 2012-02-05 09:08

      @ Squeeegee and Leornard - I originally thought that this was a way to lessen the sentences however I was put right by a friend whose father is a well known judge. He said that this was a very clear signal that any more trouble from Julius and he would be OUT and if he does appeal for mitigation, he may find them ruling to expel him completely for aggravation. My cynical side said the former but he said the latter. Who knows, this is the ANC.

      alansmartSnr - 2012-02-05 21:53

      @ Leonard Bloch.. you may possibly be right but I have another theory. I think that the committee wanted to make doubly sure that there were no holes or weaknesses in their confirmation of "Guilty". The body language of Cyril Ramaphosa made it very clear that at the same time the management had the full right to bring in further evidence of aggrivation. (think of the "march to Pretoria" and the soap box speeches he gave after the verdict, the defiant speeches after the fact. There was no appologetic behaviour shown, which in all legal systems is usually the basis of any possible mitigation. Me thinks this was a brilliant move to justify their decision even further and enable them to drive the nail further in. I'm convinced that his punishment is going to be even harsher. Bottom line is they got rid of him in the most equitable way possible..Hooraaahh!!

  • Thabo - 2012-02-05 00:27

    All of this really confusing to say the least. No wonder the ANC has day to day problems implementing the basic laws of our country. At what point is someone guilty in this country? How many processes do we need within the ANC to stand by a decision when there is always another process to be followed to once again postpone facing the reality of the transgression?

      ubhejane - 2012-02-05 01:08

      @Thabo. As you say, this illustrates the ANC's inability to take decisions. However, one's logic should tell you if you were thrown out of your church or fired at work, then you move on to your next destination. The reason why Malema isn't moving on isn't because he is fighting a noble cause. If that was the case he would gather some of those Limpopo millionaires around him and form a new party. The reason he isn't doing that is because that would cut them off the country's bank account. So in the final analysis this has now become blatantly clear this a new kind of struggle and has nothing to with the freedom our freedom fighters have fought for. It has nothing to do with the poor and nothing to do with the future. The bigger concern for me is the fact that this appeal has left me wondering if a political party can't get to a final verdict on an internal matter, how will we ever address the burning issues that are keeping us all back in terms of development? The President should have taken the lead today and stood up, faced the press and made the announcement. I have all the respect in the world for Mr. Ramaphosa, but he isn't the President and with a matter such as this, he should have taken the lead. That is why we have a President. Where does the the buck finally stop? Why is this matter going back to the NDC? What for? Are they guilty or not? Who still wants to know if their sentences were appropriate. Surely they debated these matters last year?

      Herman - 2012-02-05 01:23

      @ubhejane the buck stops at total anarchy.

      Richard - 2012-02-05 06:50

      100% correct Thabo.

      Sharon - 2012-02-05 06:53

      Do you know what this reminds me of? The movies Godzilla and Anaconda. Just when you think the monster is defeated, it jumps up and fights some more. After about the third time it really becomes tedious.

      Max - 2012-02-05 06:59

      @ubhejane. Smoke and mirrors, cloak and daggers... the answer to your questions lays in the fact that the current ANC government is not what they portray themselves to be . They are not in power to govern the country they are in power for their own selfish enrichment and under a bunch of thieves there is no honor and integrity just lies, deceit, misquotes, misunderstandings etc…..whatever it takes to keep their blind followers loyal with a glimmer of hope.

  • Sinudeity - 2012-02-05 01:00

    Hehehe, the ANC is a joke.

      Garth - 2012-02-05 06:02

      Unfortunately Sinudeity, that joke is upon us.

      Grant - 2012-02-05 06:44

      So right Garth. I'm not laughing.

      AyGeewils - 2012-02-05 07:21

      Yeah and Juju is still laughing! He's like a spring - they just might have to shoot him!! It's crazy that they granted this 'reprieve' it only indicates that they stuffed something up in their original hearings - this might just become a complete fiasco!

      rbczovczov - 2012-02-05 17:08

      more like "Throw a dog a bone!"

  • Herman - 2012-02-05 01:22

    The anc just proved, again, that their criminal, incapable regime is not fit to govern a country, let alone an individual.

  • aardvarkie - 2012-02-05 03:37

    After 14 days I look forward to not hearing from flabbermouth. Enjoy your sheep farm Mal, you were pretty good at rounding up sheep anyway, and know all about being a chop.

  • Ian - 2012-02-05 05:14

    omg, who does this fat pig think he is, the booze has made him totally senile, listen fatty you have been found guilty, you lost your appeal now move on, We had this BS with moodley last week now this prick is doing the exact same thing, you are both totally insane

  • Gerry - 2012-02-05 05:57

    What a farce! This is like a group of children making up rules of a new game they have invented. These people rule a country????? "The world, that understandable and lawful world, was slipping away." - William Golding, Lord of the Flies,

      Herman - 2012-02-05 07:15

      Spot on!

  • Roy - 2012-02-05 06:07

    Does the ANC really want to see the back of Malema? They are giving him to many chances to fight his case and at the end he will win and revert back to his old tactics.

  • wendy.roux1 - 2012-02-05 06:39

    Julius Malema knows too much. If he goes down he will take the big boys down with him. The ANC therefore have to find a way to give him a lesser sentence... A sad day for South Africans!

      David Dz Matende - 2012-02-05 08:15

      A really sad day indeed for the afrikaaner community

  • Chaapo - 2012-02-05 06:52

    To quote, "When City Press sent Malema an SMS, asking him whether he had been attending the NEC or whether he would be, he simply replied: "Non of ur business"". Quite a learned "leader" you have there South Africa!!

  • alan.erwin1 - 2012-02-05 06:55

    When the law allows a rapist or murder out on bail you stand no chance of ever sorting out bad people. Within the ranks of the ANC it is all smoke and delays to fool people and with the simple minded who vote for them it works.

  • march54 - 2012-02-05 07:03

    Hearing, appeal, mitigation how many levels does this process have? More lives than a cat. He has a suspended sentence from 2010. "The man who would be King" should be gone already. Getting very tedious.

  • Kim - 2012-02-05 07:21

    He is getting more chances than a sewer rat

  • Vegi - 2012-02-05 07:25

    These developments are bad for our country and are giving confidence to our adversaries. Two days ago Helen Zille was addressing a business forum hosted by, amongst others, New Age Newspaper which is owned by the Guptas. She was talking as if she is the President of the country and her party was the ruling party. To compound this person's insolence her representative in Parliament, Lindiwe Mazibuko, appointed a cabinet. This is an insult to the government. The events of yesterday are clearly playing into the hands of Zille & co and she is no doubt now polishing her dancing skills in preparation for the next election campaign. The ANC has obviously shot itself in the foot and will come to grief for this betrayal. We know that the Youth League is not silenced for the stupid utterances, that is just a smokescreen. The real reason is that the Youth League was giving hopes to the shattered dreams of taking control of our own destiny instead of allowing the country to be raped by the powers that be while our people are eating dust.

      Martin Meyer - 2012-02-05 07:39

      No insult Vegi. There has always been a showdown cabinet, it is part of our system, as always been. She just shuffled it. All countries with a parliamentary system have it. The problem lies therein that you see an opposition party as an enemy. It is that mentality that is preventing our democracy from maturing.

      Elton - 2012-02-05 07:39

      Insult the government? Dude, what planet are you from? The government is run by the ANC!

      djseamus - 2012-02-05 10:29

      @africanhope it's called a Shadow Cabinet, not Showdown Cabinet. You are, however, correct - it is a feature of ALL parliamentary forms of government worldwide

      AyGeewils - 2012-02-05 11:10

      Vegi - your political ignorance and ruling party arrogance is astounding!!

  • Vegi - 2012-02-05 07:36

    To show that the ANC has played into the hands of the DA and other rightwing elements, members of the DA and FFPlus in this forum are unable to conceal their glee. They are openly rejoicing on a matter that obviously does not concern them. They know that our youth follows the suspended Youth Leaders and they constitute nearly half of the voters. If they are disillusioned they may not vote and a few misguided souls like RPhiri may even vote for the DA and things like FFPlus. This may spell an aprubt end to the dreams and aspirations of our people, but the dumb "leadersheep" is unable to see this.

      Ian - 2012-02-05 07:40

      you really are insane arnt you, what a chop

      Garth - 2012-02-05 08:17

      Soooo: The DA is a rightwing element? Yeah Lindi is the pin-up girl for the far right. The internal machinations of the useless anc are of no concern to the citizens of this fine country? Transparency is one of the cornerstones of a true democracy, cabbage-head. Voting for the DA will spell an `aprubt' end to the dreams and aspirations of our people? Only if your dreams are null and your aspirations are void. `The real reason is that the Youth League was giving hopes to the shattered dreams . . .'; your eyes are closed to the rampant corruption financing your youth league. Selective rationale is not rationale.

      Yar - 2012-02-05 08:20

      @Veg What is wrong with voting for the DA? This is democracy. Clearly the Association of National Criminals is making a total hash of everything they do, it's time to make a change.

      Thabo - 2012-02-05 09:33

      @Vegi. I wouldn't use RPhiri as an example of the way we think. You get the sharp thinking blacks that vote for the DA and then you get people that want to hang the DA around their necks like fashion item. He is one of them. He sits on here and runs all of us down to gain the favour of whites. The moment someone calls you an idiot on here you immediately know they have a lower intelligence level than yours. Just because we vote for the ANC doesn't mean we approve of everything the ANC does. What nobody understands is that if us youth reform the ANC from within it would be our fastest path to a better future because they already have the vote of the nation. It is futile to hope our people will ever vote for the DA because they think it stands for white rule. Nobody seems to want to accept this reality and are all swimming up stream and dreaming of the DA coming into power.

      Thabo - 2012-02-05 09:47

      @Vegi. Seeing you are the only ANC supporter I can talk to on here, let me tell you what my feelings are today about yesterday's events. As I said in my first comment the manner in which they dealt with the appeal yesterday didn't inspire any confidence in me. There were a number of issues that perplexed me. As leaders of the ANCYL it is pathetic to run off to Mama Winnie after the elders have given you a lashing. We are talking about grown men that run off to an old lady to comfort them. Just that action told me that they don't have leadership qualities. We need a stronger leader for the youth league. This Malema era should no be buried and we should move towards a political solution for the majority of our voters. The rich, which include the white voters, are taken care of, but we need a voice for the masses because if we don't listen to the masses we are heading for problems.

      Sharon - 2012-02-05 10:49

      @ Thabo, I believe there is a vacancy in the ANCYL - they need a leader - I trust you will apply! You seem to have all the right ideas, but need a platform to voice them. I think Julius got himself sidetracked by money and grown-up politics, forgetting completely his mandate, ie looking out for the youth. They are impressionable and the right voice can go a long way in reconciling and building a true multiracial SA.

  • Mboneni - 2012-02-05 07:38

    The disciplinary processes of the ANC is unable to resolve the issue of Julius Malema once and for all.He was found guilty by the disciplinary hearing and he appealed to the higher body,the higher body referred the matter back for mitigation.The Anc is confused and more divided.Keith Khoza is saying something which the ANC is disputing, this shows that even the ANC spokespersons do not know the their constitution.

      David Dz Matende - 2012-02-05 08:00

      True dat!

      AyGeewils - 2012-02-05 11:19

      Spot on there - as i mentioned earlier when the announcements were made - we have not seen the end of this - simply because no one in the ANC knows where it is! They have made a huge gaff by allowing this repreive - it proves they still don't have the mandate to end this fiasco.

  • Wendy - 2012-02-05 07:49

    This whole case is all about how they would like us to perceive things .. but we know they will find ways for this man to carry on as before. An ANC talent.

  • Vegi - 2012-02-05 07:51

    News24, these news are old now, please leave Malema alone to prepare for his case in 14 days time. Please become a useful newspaper instead of being a useless gossip forum that revels at instigating tension. Close to 300 people have died due to cold in Europe and you have choosen to ignore this important story in favour of your favourate pastime of trashing Malema. You should advise these people that whoever gets in the way of nature is bound to lose. When they left their initial abode to occupy ice Europe, they should have asked themselves why they did not evolve there in the first place. The reason is simple, that place is not suitable for human habitation and it is for that reason that no human form evolved in Europe.

      march54 - 2012-02-05 07:55

      If you do not like what News 24 writes about DO NOT READ it!! It is that easy to do!

      Chaapo - 2012-02-05 08:18

      Probably, like Malema et al, Vegi would want to divert issues as they have always done. That people have died is sad but how does it affect SA? Whereas, this is a local story. Maybe Vegi can be a little more media savvy by going back to school and learn a little media literacy- think of impact, proximity of the story etc. Gosh, this is basic knowledge for students in grade 9!!

      Yar - 2012-02-05 08:27

      @Veg Sorry for you, but this IS news. Good news. You can't expect to see only the parts of the news that you personally want to hear. As for evolution, I suggest you don't go there. You understand as little about that as other subjects, namely, nothing.

      Bongani David Nkwanyana - 2012-02-05 09:32

      @Vegi Viva cde Viva

      Lesvokli - 2012-02-05 10:40

      Massive inferiority complex about Europe, you live in Africa, why are you so concerned about peak winter in Eastern Europe where as you say 300 people have died. What about 100 of thousands that are been slaughtered in central Africa by their own leadership??? Makes you wonder if 300 people dying of sub zero temperatures in Eastern Europe is even relevant compared with the harsh realities of today.

      Ali - 2012-02-05 11:56

      So what you're saying is we are all Africans? So Africa belongs to everyone? Since we ALL evolved from here?.. Good point, finally you get it. Europeans must come home then. Good boy.

      alansmartSnr - 2012-02-05 22:24

      Vegi.. Silly argument/point you are making about 300 people dying of cold cos they chose to stay there. Explain the hundreds of dead by drowning, houses collapsing, waterborne diseases ect, all blacks and in Kwa Zula Natal, Mpumalanga and Eastern Cape. They also chose to stay there. Tis just mother nature's way of keeping a balance.. besides, what has that all got to do with the Mother F$%^ckers case under discussion?

  • pws69 - 2012-02-05 07:58

    From the sublime to the ridiculous.

  • Tim - 2012-02-05 08:43

    Why do they keep moving the goalposts?

  • jeffrey.selala - 2012-02-05 08:50

    I think the NDCA committed a blunder by referring the matter back to the NDC for hearing of mitigation and aggravating factors. The NDCA was supposed to deal with all the issues as presented by the appellant and counter-argued by the respondent. If the NDC did not take into account mitigating factors in its determination of the sanction, that was an irregularity which the NDCA was supposed on its own to correct. Since that sanction would not have been informed by all the factors placed before the NDC, and since the NDCA has found that this process was not done adequately or at all, the NDCA was supposed to take that fact into account and set aside the sanction imposed by the NCA, and substitute same with its own. But, referring the matter back does no good to finality of the case because a possibility of another appeal is created. It would not be unexpected of the NCA to repeat the same sanction after hearing the mitigating factors. Also, Malema would have gained the right to, once more challenge the "new" sanction on appeal if he feels that his mitigating factors were not considered at all. For this, I think the NDCA has made it difficult for the ANC to finalise this matter as speedily as it would have wished.

      Thabo - 2012-02-05 10:03

      100% correct. We can't run this country if we are forever passing the responsibility on to another body or group of people. All of this makes us look as if our constitution (ANC) is a document that that doesn't make sense.

  • Mandy Mc Donald - 2012-02-05 09:34

    @vegi How does this matter not concern the DA or as a matter of fact any other politcal party?? Sowing disrepute has a ripple effect throughout the ancyl which would not only affect other political parties but all south africans as well. If this issue is not dealt with and those guilty are not punished, then ancyl members will carry on saying and doing as they please without fear of consequence. Malema has embarassed its parent body and has insulted all that it should stand for and Mandela's original vision for our country.

      Thabo - 2012-02-05 10:10

      Mandy you need to understand the dynamics of the ANC. Our people are not politically matured enough to know that there is life after ANC. To the voters the ANC is the only way forward. They don't want to belong to anything else but the ANC. That is why you have all these fighting factions within the ANC. It is complex. I wish I could explain this to you, but maybe you should look at the ANC as a type of religion and then you will understand the complexity of the problems moving forward with so many factions fighting for dominance.

  • Errol - 2012-02-05 10:01

    One banana;two banana...three........!!

  • Gregory Jurgens - 2012-02-05 10:21

    Yaaaaawn. This story really getting stale now.

  • KCorsar - 2012-02-05 10:56

    now what is the thought process here. An earlier statement made said if he chooses to appeal on this he could be permanently expelled. Is this the rope they are giving him, or is this really a life line for a lesser sentence.

  • Khulekani Ngubane - 2012-02-05 11:29


  • Theo - 2012-02-05 11:33

    Keith Khoza: "Oh c'mmon guys, they're in, they're out, they're back in again?? Geeze, make up your minds FFS!"

  • Michael Kleber - 2012-02-05 11:40

    it had to be done the youth league was carrying on as if it was the main body of the ANC a case of the tail wagging the dog and secondly a lesson in life don't piss the people off who have power over you or your life , finally leave the youth league to the youth , u are not a youth in your late twenties or early thirties and its your chronological age not mental age

  • boichoko.sechogela - 2012-02-05 11:56

    I am a member of ANC, but let me tell the gospel: The people of South Africa are not yet free, some foreign people or organisation are dictating policies to the ruling party.why is the ANC so threaten by ANGYL's speech?

  • Anthony - 2012-02-05 12:43

    they HAVE to delay the sentence until after the Slate of the Nation on 9/2.

  • Sandy - 2012-02-05 12:47

    14 Day !!!!!!!!!!!!!period for the agent to figure this out ,this is utter the time they have completed all their investigations the agent will be too old to run for office anyway. I thought he was going farming !!!!!!!!!!!!!!!!!

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