ANC charge Malema like a wounded buffalo

The chairperson of the African National Congress’s national disciplinary committee, Derek Hanekom, has confirmed that ANC Youth League president Julius Malema’s disciplinary hearing will take place on May 3.

The confirmation by the deputy science and technology minister came amid dissatisfaction expressed by the Gauteng ANC leader who said that the membership of no less than 243 branches were unhappy with the inability of senior leaders to deal with ill-discipline in the party.

This will send a signal to all that the party leadership has also had enough.

In order to assist readers we take you through the process thus far :

Considering the charges

In terms of the constitution of the ANC and at paragraph 25 — which deals with discipline — it confirms that : “25.3 If the NEC, PEC, REC or BEC, as the case may be, or the relevant body exercising its right to invoke disciplinary proceedings under this Constitution, is satisfied that the institution of a disciplinary procedure is warranted against a member or public representative in respect of any conduct referred to in Rule 25.5 or any other misconduct prohibited in terms of the Constitution, it may decide to institute disciplinary proceedings against such member in respect of such misconduct and then refer the matter to the NDC, PDC, RDC or BDC, as the case may be, or any other body authorised in terms of the Constitution to conduct disciplinary proceedings, to proceed with such disciplinary hearing.”

In accordance therewith the national executive council (going down through provincial executive council etc) who are the bodies entitled to exercise the right to invoke disciplinary proceedings are required to satisfy themselves that “the disciplinary procedure is warranted against a member”.

What Modise said

ANC deputy secretary-general Thandi Modise Tuesday confirmed that the ANC has submitted the charges against Malema for consideration. This is in accordance with the party’s recognised procedures.

Modise, speaking at a media briefing in Johannesburg, reiterated that issues of discipline in the ANC belongs to the structure of the ANC and are not matters for the public and the media. This follows the weekend reports indicating that Malema had already been charged.

She said it was “premature” to pronounce on what the charges were and that the ANCYL had made a submission in respect thereof. Modise said that consideration would be given to it when considering the charges.

Which now means

Having given consideration to the proposed charges and the submissions made by the ANCYL, the decision has been made to proceed with the charges/some of the charges on May 3.

Has he been charged?

Yes — if they feel he has transgressed the provisions of Rule 25 — or any other misconduct prohibited in terms of the constitution — they institute disciplinary proceedings against such member in respect of such misconduct by referring the matter to the NDC — in this case — to proceed with such disciplinary hearing.

What now?

“25.4 A disciplinary committee, which has conducted a disciplinary hearing in terms of this Constitution, may find any member or public representative guilty of any misconduct referred to in Rule 25.5 or any other misconduct prohibited in terms of the Constitution, only if it is satisfied that the evidence presented is of such a cogent and sufficient nature as to prove the guilt of such member or public representative on a balance of probabilities.”

The balance of the procedures, penalties and rules governing discipline of ANC members are set out in the link we have provided above. The exact charges should be known soon or may be delayed pending Malema’s return from Venezuela.

No doubt the ANCYL will resubmit their submissions on the charges to the NDC now constituted.

The matter is now out of the hands of the membership of the party and everyone save the NDC itself.

“In conclusion, it seems to me the manner in which the ANC handles the disciplinary charges against Malema will help us better to understand who stands where in the Byzantine power struggles inside the ANC. Just because the process appears to be quasi-judicial does not mean that it will not have a strong political component (and political ramifications). Is it too melodramatic to claim that the future trajectory of Jacob Zuma’s presidency will be revealed as the disciplinary process against Julius Malema unfolds?” (Professor Pierre de Vos)