Malema's lawyers start appeal process

2012-01-16 11:01

Johannesburg - Embattled ANC Youth League president Julius Malema’s lawyers will submit heads of arguments on Monday in his appeal against his five-year suspension from the ANC.

Advocate Patrick Mtshaulana said these would detail why Malema's suspension should be overturned.

The suspension will come into force if Malema loses the appeal.

Oral arguments would be presented on January 23, said Mtshaulana.

Malema and other senior ANCYL leaders were suspended after being found guilty of sowing division within the ANC and of bringing the party into disrepute.

This was a result of comments made on bringing about regime change in Botswana.

Other options

Heads of argument would also be filed for ANCYL spokesperson Floyd Shivambu, who was suspended for three years, deputy president Ronald Lamola, treasurer-general Pule Mabe, secretary-general Sindiso Magaqa and deputy secretary-general Kenetswe Mosenogi.

Mtshaulana said they would try to convince ANC appeals committee chairperson Cyril Ramaphosa that they were not given a chance to argue in mitigation of their sentences.

They would also argue that disciplinary committee members, including chairperson Derek Hanekom and Mineral Resources Minister Susan Shabangu, should have recused themselves.

This was because they had previously publicly disagreed with the ANCYL's positions on land reform and the nationalisation of mines.

They would further submit that the verdict and sanctions relied on an outdated section of the ANCYL constitution.

Should they lose, Malema and his executive could refer the matter to the ANC's national executive committee, they could seek to have the elective conference in Mangaung review the suspensions, or could head to the courts.

Mtshaulana said he had not yet consulted with Malema on whether he planned to consider those options.

  • Nitro - 2012-01-16 11:03


      Kala - 2012-01-16 11:14

      Who wants to bet that the ruling will be over turned and Julias will be reinstated. That's how the ANC rolls. The lawyers will get paid out of the government coffers, and some of that money will be kicked back to Malema. It's all show boating and the lawyers are laughing all the way to the proverbial bank.

      Squeegee - 2012-01-16 11:25

      Please overturn my suspention so that: 1. I can continue to undermine the party. 2. I can enrich myself. 3. I can embarrass South Africa. 4. Woodwork will become popular worldwide.

      Kolobe - 2012-01-16 12:17

      current leaders are wasting our time ...juju is like a catalyst

      Joanne - 2012-01-16 12:25

      Am trying to care about this, but I just can't - too many huge issues out there without spending brain power on another massive time and money wasting exercise. Wish they'd all just tell us what they're going to do without going through money-wasting motions.

      Flowingriver - 2012-01-16 12:34

      Don't underestimate how powerful Julius is.Do so at ur own peril!

      Dean - 2012-01-16 12:58

      @FlowingRiver - You are a coward. Typical comment like that from you, but you hide your identity. We will not bow to Julius. He may be your king, but you know how it goes... the blind lead the blind...and like Julius and you, the cowards lead the cowards.

  • StarStruck - 2012-01-16 11:07

    His Lawyers? How does a guy that said he earns no more than R25000 a month afford more than one lawyer? Common SARS and Hawks please conclude your investigation. I would love to see this fruitcake fake a terminal illness.

      Mikael - 2012-01-16 12:46

      And just how does Malema manage to afford a Hublot wristwatch (starting price R142,000) from Bryanston Jewellers in Guateng ???

  • Zipho Ka Nomafu Myaluza - 2012-01-16 11:07


  • Michelle - 2012-01-16 11:12

    Can't believe this bloody agent keeps making headlines.

      Wayne - 2012-01-16 11:22

      I suggest a media blackout on this plonker!

  • john.h.viljoen - 2012-01-16 11:13

    how do you get rid of this idiot?his ride on the gravytrain must come to an end.

  • Brad.Kopping - 2012-01-16 11:16

    i thought he could only appeal within the 3 weeks AFTER his sentence??? WHAT THE HELL IS GOING ON IN THIS COUNTRY??

      Kala - 2012-01-16 11:26

      He had three weeks to lodge an appeal. The appeal process itself could take months to complete.

      Deon - 2012-01-16 13:02

      "Die Burger" reported recently that he (Malema) should hear his fate within 10 days.

  • adrian.berghoff - 2012-01-16 11:21

    This is your chance ANC... either uphold justice, or roll over, play dead, and ruin any future chance you may have had at credibility.

      Archie - 2012-01-16 13:28

      They will roll over, but because most of them look like Kuhlubuse it takes forever

  • Deon - 2012-01-16 11:28

    I will be surprised if the appeal succeeds, Mr Zuma will surely block them. Would it not be great if he get 10 years?

  • madsipho - 2012-01-16 11:30

    Juju, please save more money and do Political Science at UWC...your ignorancy is not going to help you..

      Akhona Jaxa - 2012-01-16 12:01

      Juju doesn't need that because it will destroy his mind, his in politics by God's will. Free knowledge# lol

  • Grant - 2012-01-16 11:31

    I wonder how long this is going to drag on for.

      Deon - 2012-01-16 13:03

      Hopefully only 10 days.

  • Sinudeity - 2012-01-16 11:35

    While julius is appealing, SARS/Hawks is closing in on him.

      TheWatcher - 2012-01-16 11:46

      Lets just hope they don't get bogged down in the political mire they'll have to wade through to get to him.

  • jandreleroux - 2012-01-16 11:49

    They should somehow get him a medical parole. That seems to be the most effective strategy at this time!

  • Shirley - 2012-01-16 11:51

    What difference does it make wether he is reinstated or not?? He still does exactly as he pleases and continues to widen the racial and politiacal chasm in this country!!!!!!!!!!!!! Best of all- the anc dont have the backbone to silence him-too many skeletons ratteling in their closets!

      Deon - 2012-01-16 13:16

      When he is suspended he will not be allowed to speak on ANC matters anymore (at least for 5 years). His calls for taking farms, mines and banks will be silenced.

  • Lordwick - 2012-01-16 11:52

    Julias Malema would definately win this one.Remember Shaik and Zooomer,they were all involved in corruption but only shaik got punishment and mr shower appointed to the fisrt citizen's malema would definately win this one and f*****kd up the country goes!!!

      Phumi - 2012-01-16 12:01

      President Zuma was cleared of all charges by a competent and sober judge in a proper functioning court. Only the enemies of democracy like the DA and yourself who do not respect our judiciary!

      Sinudeity - 2012-01-16 12:04

      Phumi - The corruption charges on jacob are likely to be reinstated.

      Phumi - 2012-01-16 12:09

      Till that day we need to respect our courts and judges!

      Lordwick - 2012-01-16 12:13

      @ Stiupid long would it take you to see that it's no longer ANC but hungry lions looking forward to destroy this country of ours? Shool term has began but some pupils in Limpopo doesnt have stationary,is that what you call economic freedom jou muur?

  • Sinudeity - 2012-01-16 12:02

    I for one hope julius wins his appeal. It will further widen the divide in the ANC, and will drive countless ANC supporters to the DA.

      Lordwick - 2012-01-16 12:15

      Man,it's not everyone that share the same ideas and believes and as for myself.DA is not the way to go.It's easy to manage one out bof nine provinces we have in our country.

      Sinudeity - 2012-01-16 12:22

      My only objective, is to have a two-party democracy in South Africa. Even if a new black opposition party starts up, and wins the elections, its good for South Africa. That way, both parties have to lick our @sses, with service delivery, transparency and good governance to win our votes. As it stands now, you can be corrupt and incompetent, and dont have to worry about losing an election. But until the day that there is a black opposition party, DA is the way to go.

      Nitro - 2012-01-16 12:45

      @lordwick, so who should be in charge then? Sure it is not that easy but surely ANC has proven they cannot managed it.

      Sinudeity - 2012-01-16 12:51

      Lordwick - The other option of course being that the ANC clears itself of corrupt and incompetent cadres. Whats your thoughts on the matter?

      Lordwick - 2012-01-16 13:03

      @Sinudeity.The only political party to give a chance is DA. But it's not easy with the same tone that most bof the white people are using on thois platform to come and convence the majority of the black people out there to vote for DA?Yes i agree that ANC must be outsted but how?

      Sinudeity - 2012-01-16 13:11

      Lordwick - "But it's not easy with the same tone that most of the white people are using on thois platform to come and convence the majority of the black people out there to vote for DA?" Its true, some people are terrible 'ambassadors' for their political parties. Im guilty of this too. South Africans are very patient. But I think 2012 onwards is the boiling point. If pressure isnt vented, we will have an explosion. A South African 'spring' of sorts. Merely my opinion though. Time will tell.

      Robsschele - 2012-01-16 14:26

      People returning from holiday told me that being in the Western Cape is like being in a diffirent country. Everything is clean and proper.

      Johnny - 2012-01-16 17:09

      @Lordwick, If you can manage one province, you will be able to manage 9. To manage is not so difficult. You simply appoint the best manager in a specific position and not an incompetent cadre. Surely a competent manager will not appoint incompetent people in positions. It all starts at the top and it will cascade to the bottom. Once this approach is implemented SA will soon be the country we deserve.

  • Charmaine - 2012-01-16 12:03

    I pray God help Julius, he is one sad bad person, he cant even go on with his own people. Lord I lift this man up to you and command that you have your way and will with this man!!! I bind the evil spirits that are using this man to work discord in South Africa and bring about strife and war amongst your children in South Africa. I pray your will be done in Julius's life and that peace be in the land of South AFrica - in the name of Jesus I pray!!

  • mdy.chauke - 2012-01-16 12:16

    Wishing the ANCYL leaders all de best on their appeal process,otherwise we need Malema & the other leaders for South Africa,we cannot crucify them,although iam not sayin that they must live arrogant.

  • Unathi Fihla - 2012-01-16 12:17

    win or lose the appeal, Malema has brought issues other people are afraid to bring in the public domain.

      Deon - 2012-01-16 13:19

      Stealing from others should never be legalised, this is what he wants.

      Robsschele - 2012-01-16 14:22

      I've been watching a program about Hitler lately and I'm afraid I saw some similarities. I feel Fatboy should be removed.

  • Phumi - 2012-01-16 12:19

    We will never entertain denialism about the reality of our economy from those who are beneficiaries of white colonial preserve. The economy and wealth of this country is still overly concentrated in the hands of the few elites and white monopoly capitalists. These reactionary forces masquarading as economists want to ensure the status quo remains! We have news for them and that is it is our turn to dig in the feast!

      Gert - 2012-01-16 12:26

      The money is still in the whites hands because they work for it, and it is in their culture to build a strong economy. Follow your culture and go build a mud hut and weave some straw hats.Even with BBBEE and AA working to empower the MAJORITY, the minority still makes money and are able survive and make a living although they are heavily discriminated against with these policies, why do you think that is? Because you lazy people just want handouts and do not want to work and be proud of your results.

      Lordwick - 2012-01-16 12:34

      How are you gonna dig int he feast? You are one of those people whom believes that you have to take without working hard first,get the outcomes and then invest those to become big.Are you expecting to become a managing director of Anglo-plat or BHP billiton without qaulifications like Zuma's nephew in Aurora....naaaah,that only happens to politically connected and as for you,go vote for them so that they become even more richer than they are!!!

  • Mtizozo - 2012-01-16 12:20

    Phumi you are on the right track,,they will always say it's imposable, this is what our heros were told in decades ago.

      Gert - 2012-01-16 12:30

      Mtizozo, youre right it was decades ago, and it will still be decades to come, your heroes changed nothing in decades... Why havent you people left Africa and invade Europe???... oh yes I forgot, you did not know how to build a boat.

      Lordwick - 2012-01-16 12:38

      @Mtizozo,how are yougoing to manage the mine if they give you personally say thirty percent shares? @Stupid Gert,it's people like you who engage in stupid arguements and consequently making the majority(Blacks) not even to listen to you irrespectively.

      Gert - 2012-01-16 13:41

      @Stupid Lordwick, hahaha...they do not listen to anybody, irrespectively.

  • Chabi - 2012-01-16 12:29

    I have always liked Juju for what he is: an instigator of Political debate on the most sensitive issues, not a visionary leader,. for obvious reasons, He lacks foresight. 1. You cannot argue recusal on a basis of previous "disagreements" on internal party policy matters.. otherwise you mean those that preside over your case must have "agreed" with you or have not raised their view points on an issue. 2...and maybe the most important, know when to change routes to your intended destination (at the parting of the roads, the wise man chose the one less travelled \ The Path of Least Resistance) or\and even abandon a course of action. This being said, as a youth league leader of the ANC.. You are finished, now for plan "B", (caution) Do not go the route of the courts then you will be justifying those that you say "want to rule the Country without majority votes but through courts"..

  • Gregory Jurgens - 2012-01-16 12:46

    I am sure a few bribes , tenders and a BMW can fix this problem .

  • Charmaine - 2012-01-16 12:58

    Let the ruling stand, suspend him for life, enough is enough

  • RobertaKeeling - 2012-01-16 13:06

    And who pays for all that?

      Archie - 2012-01-16 13:38


  • Robsschele - 2012-01-16 14:17

    Looks like this is going to continue until the day that Fatboy retires.

  • Julie - 2012-01-16 14:43

    @ Phumi - DEFINITION OF ECONOMIC FREEDOM: Economic freedom is the key to greater opportunity and an improved quality of life. Its the freedom to choose how to produce, sell and use your own resources, while respecting others rights to do the same. Okay Phumi - You are very confused. Maybe it is the part of USE YOUR OWN RESOURCES....

  • Mariano - 2012-01-16 21:14

    How can anybody be bovine and porcine at the same time?

  • Mariano - 2012-01-17 22:09

    Malema is dead. He went too far and he is going to be squashed like a snail under the ANC's fat feet. Oh boy, I do hope I'm right!.

  • Mariano - 2012-01-19 16:06

    These lawyers can start as many appeals processes as they want. Malema will only look appealing to another porcine creature.

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