Malema Appeal Thrown Out; Referred Back To NDC For Mitigation On Sanction

The National Disciplinary Committee of Appeal of the ANC has thrown out the appeal by the suspended ANC Youth League executive, headed by Julius Malema and upheld the decision of the NDC.

However the mitigation appeal was upheld which means that the four cases will now be taken back to the NDC. This is with respect to sentence. This though could also mean an appeal for harsher sentence.

The hearing took place over 3 weeks throughout January, with 69 arguments being raised by the appellants. Many of them were about procedural issues.

All of Malema’s appeals were dismissed. This means that he will now serve his sentence.

On the case of three NDC members recusing themselves, the NDCA found that naive and absurd. It rejected this saying that the idea of a conspiracy theory was unreasonable. A few individuals cannot affect the policies of the ANC.

On the procedural irregularities, the appellants argument was dismissed as none were found.

“The argument that NDC members should not come into any contact with other ANC members is absurd”, Ramaphosa.

The appellants also failed to convince the NDCA that the charges were meant to settle old scores.

On the issue of the ANC Youth League’s autonomy, the appellants conceded that the ANC constitution superseded that of the ANC YL in the case of dispute.  Ramaphosa aggressively stated that “it is absurd in the extreme” to argue that the Youth League is autonomous.

On the barging charge, the appeal succeeded, and the charge and sentence was set aside.

Sindiso Magaqa will now need to apologise to Gigaba. Appeal dismissed and will have to apologise or suspension took effect.

Floyd Shivambu’s suspension was upheld.

Malema and his executive could refer the matter back to the ANC and if that fails 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.

  • Anonymous

    With all due respect Mr Editor, I think this post has some flaws in it.

    1. Mr Malema’s Appeal was not thrown out. What was dismissed was that part of the appeal that dealt with his CONVICTION. His SENTENCE was not dismissed.

    2. There is nothing called a “mitigation appeal”. All it is is an appeal against sentencing which as you correctly said was referred back to the commitee for a decision and no, there is no appeal for a harsher sentence. The commitee has the discretion to impose a harsher sentence.

    3. it is inaccurate to state that all Malemas appeals were dismissed. His CONVICTION appeal was dimissed but his sentenced is to retried within 14 days.

    4. When you say this means that he will now serve his sentence, again this is misleading us to think that he lost his appeal and his sentence of 5 years is in effect. This is wrong. Malema had a previous, suspended conviction handed in 2010, for responding to a chiding from President Zuma by complaining that the former president, Thabo Mbeki, had never publicly upbraided him.

    The current dismissal of Malemas Convictions appeal has therefore triggered that 2010 suspended convistion.

    That conviction is a suspension from the party for two years, which now comes into effect.

    I stand corrected.