Julius Malema The Final Suspension?

The ongoing Julius Malema debacle both confuses and fascinates me. Its smacks of something out of a Shakespearean tragedy. Full of schemes and counter schemes, played to the death with ample dramatic prose.

Clearly the issues are complex, however Julius has already been expelled for bringing the ANC into disrepute- an act that he is appealing. How does a further suspension in this circumstance work?

While it is true that the ANC cannot stifle a person from expressing their opinions in public, which as Malema’s lawyers are claiming is unconstitutional. The ANC can prevent a member of their own organisation from making statements that are not sanctioned by the organisation.

So the question that remains is what is the case with Malema? Is he still an ANC member ( in which case he can be sanctioned by the party) or not ( in that case he is free to say whatever he wishes in public)? What does it take for the ANC to finalise an expulsion of a member? Or is this all just a political negotiation?

Comrade Julius Malema`s immediate suspension pending Disciplinary Proceedings

4 April 2012

At a meeting on 2 April 2012, the NDC decided to suspend comrade Julius Malema’s membership of the ANC with immediate effect in accordance with the provisions of Rule 25.12 (c) of the ANC Constitution.

The NDC considered the nature and seriousness of comrade Malema’s utterance, namely “….It is under President Zuma that we have seen the youth of the ANC being traumatised, being expelled from their own home. It is under President Zuma we have seen a critical voice being suppressed We have seen under President Zuma, democracy being replaced with dictatorship. We have seen an intolerance….people, who become impatient with the youth….”, at a meeting held on 30 March 2012 at the University of Witwatersrand, Johannesburg, and concluded that such utterance could bring the ANC into disrepute as contemplated in Rule 25.5 of the ANC Constitution.

After due consideration, the NDC was satisfied that this utterance constitutes a very serious violation of the ANC Constitution and that the institution of disciplinary action, as provided for in Rule 25.3, and temporary suspension of comrade Malema, in terms of Rule 25.12(c), of the ANC Constitution is warranted.

The NDC also took cognizance of the fact that the said utterance received widespread coverage in the print and electronic media.

Comrade Malema was informed this morning of his immediate temporary suspension and that disciplinary proceedings would be instituted against him by the NDC, and that he would be provided with full details of the charge/s and details of the disciplinary hearings in due course.

In keeping with the principle and spirit of natural justice and to remove any semblance and perception of bias, the members of the NDC who participated in this decision to institute disciplinary action against comrade Malema will recuse themselves and not participate or adjudicate in the pending disciplinary action against him.

The NDC has stipulated the following conditions that comrade Malema will be required to comply with during his suspension:-

  • He will not exercise any duty in his capacity as an ANC member, President of the ANC Youth League and/or Member of the Provincial Executive Committee of the ANC Limpopo Province;
  • He will not attend any meeting of the ANC or any of its structures, including the Leagues, except for the purpose of the NDCA hearing and the pending disciplinary proceedings to be instituted against him.
  • He will not address any meeting of the ANC or any of its structures, including the Leagues, whether as an invited guest, in his capacity as President of the ANC Youth League and/or as a member of the ANC; and
  • He will not make any public statement on any matter pertaining to the ANC.
  • The temporary and immediate suspension of comrade Malema will come into effect on Wednesday, 4 April 2012.

Issued by:
Derek Hanekom
ANC National Disciplinary Committee

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