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The applicant, Julius Malema, applied to the NDCA on 5 April 2012 to set aside the temporary suspension imposed by the NDC.

The applicant based his application on the grounds that the NDC breached the ANC Constitution, the rules of natural justice and the Constitution of the Republic of South Africa.

The applicant submitted Heads of Argument on 14 April 2012 and confirmed a prior agreement with the NDCA that the applicant would be decided on papers.

The NDC suspended Julius Malema for his utterance at a public meeting at the University of Witwatersrand on 30 March 2012 that, inter alia, under President Jacob Zuma democracy [in the ANC] has been replaced with dictatorship.

The NDCA has dismissed Julius Malema`s application to set aside the temporary suspension imposed on him by the ANC`s NDC on 4 April 2012 and found that the NDC did not breach the ANC Constitution, the rules of natural justice and the Constitution of the Republic of South Africa.

By virtue of the technical nature of the application, the NDCA has decided to attach its complete Findings to this public announcement.

In terms of the Constitution, the Secretary General of the ANC and applicant`s representative were informed of this decision prior to public announcement.