When the African National Congress released a statement welcoming the national disciplinary committee’s (NDC) decision against ANCYL president Julius Malema, they were at pains to point out that they had noted his plea of guilty and his show of remorse.

ANC reaction

In their statement, issued by spokesperson Brian Sokutu, the party welcomed the ruling while noting that Malema pleaded guilty to contravening Rule 25.5.(i) and showed remorse. In addition that he had apologised to President Jacob Zuma (which was in writing).

The ANC also welcomed the corrective nature of the ruling, which includes remedial action like attending the ANC Political School for at least 20 days within the next year, and attending programmes on effective leadership communication and anger management or other appropriate programmes.

The party said that it demonstrated its zero tolerance on conduct not in line with its leadership values.

They then thanked the NDC panel for displaying a high measure of independence and integrity in adjudicating over the matter.

On Wednesday, the Sowetan quoted ANC insiders as saying that key members of the party’s national executive committee had wanted to suspended the outspoken youth leader for two years or more.

ANCYL reaction

ANCYL secretary-general Vuyiswa Tulelo said on Thursday that the R10 000 fine levied on Malema would be paid through member donations.

“We’ll mobilise young people to raise the money,” Tulelo told reporters at a meeting of the ANCYL’s national executive committee. She said this was because Malema did not act individually, but on behalf of the ANCYL.

The charge

Malema was found guilty of charges relating to his public attack on Zuma for rebuking him in public, and in which Malema compared Zuma unfavourably to his predecessor, Thabo Mbeki, in that the latter would never have given the ANCYL a public dressing down.

“You [Malema] are guilty of contravening Rule 25.5.(i) of the Constitution of the African National Congress by behaving in such a way as to provoke serious divisions or a break-down of unity in the organisation.” (actual)

Very misguided

The ANC convened a disciplinary inquiry in order to prefer certain charges against Malema, not the ANCYL. If they wanted to charge the youth league they would have done so.

In terms of a plea bargain agreement reached between the complainant and Mathews Phosa, representing Malema, the initial charges were withdrawn and he pleaded guilty to contravening Rule 25.5.(i) of the ANC constitution with better particulars set out in section on “The Charge” above. At no stage was anyone under the misapprehension that he might be pleading on behalf of the ANCYL.

In other words in return for his pleading guilty to his attack on Zuma he was sentenced to :

– Apologise to the president and attend anger-management classes.

– Pay a R10 000 fine to a youth-development project within the next three months and attend the ANC’s political school for 20 days.

Should Malema be found guilty of contravening rule 25.5 (i) of the ANC constitution within the next two years, his membership of the ANC shall be summarily suspended, for a period to be determined by the NDC.

Accordingly if the ANCYL were to pay the fine for Malema they are basically doing the following :

– Usurping the powers of the NDC in deciding who gets punished and how it must be paid.

– Confirming to the president of the ANC and South Africa that when Malema ran off at a tangent and attacked him, he was actually speaking on their behalf. Perhaps they need to clarify now if they mandated Malema to attack Zuma.

– Undermining the secretary-general who charged the president and not the ANCYL as a whole.

– Showing the NDC and indeed the people of the country that Malema was not showing any remorse because now that it’s over the members can pay for his misdeeds.

– Lastly and most importantly by not carrying out the sentence to the letter, Malema — who pleaded guilty to attacking Zuma — is saying that when I pleaded guilty that was out of necessity but I’m not paying the price for my actions.

As such the ANCYL, who are in all likelihood showing loyalty to their president in supporting him despite his personal misdeeds, are being misguided and must step back.

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Michael Trapido

Michael Trapido

Mike Trapido is a criminal attorney and publicist having also worked as an editor and journalist. He was born in Johannesburg and attended HA Jack and Highlands North High Schools. He married Robyn...

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