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On the 3 and 11 May 2010 the National Disciplinary Committee (NDC) of the ANC convened to consider charges against comrade Julius Malema (the Respondent). The charges had been brought by the National Officials of the African National Congress (the Complainant).
On 3 May 2010, the NDC heard and ruled on procedural matters presented on behalf of the Respondent.
The final NDC panel that heard the case consisted of cdes Derek Hanekom (chairperson), Ayanda Dlodlo and FÈbÈ Potgieter-Gqubule.
The NDC reconvened on Tuesday 11 May 2010 to continue with the hearing on the merits of the case. Comrade Malema was initially charged with four charges. Following discussions between the ANC Chief National Presenter (the Presenter) and the representative of Comrade Malema, cde Matthew Phosa, a plea bargain was entered into which resulted in the withdrawal of three of the original charges.
Charge three of the original charges remained and read as follows in its amended form:
"That you 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 organization;
IN THAT:
At the ANC Youth League Limpopo Provincial Congress, on Sunday, April 11, 2010, when addressing the media, you issued the utterance that, "Even (former) President Thabo Mbeki, when he differed with the Youth League, and the Youth League had taken firm radical positions against him, he never did that" thereby implying that the ANC Youth League, of which you are the President, has taken a position against the President of the ANC."
The respondent pleaded guilty to this charge. The result of this has been that the leading of evidence became unnecessary.
The NDC therefore considered what was proposed as appropriate sanction. Although the NDC has to attach an appropriate weight to a plea bargain, it held that the NDC has discretion to either accept, amend or reject a proposed sanction if inappropriate to the misconduct. After considering both mitigating and aggravating circumstances, the National Disciplinary Committee ruled as follows:
A. APOLOGY: Comrade Julius Malema shall make a public apology to the President of the ANC, the ANC and the public in general. The text of the apology is contained in Annexure A, and submitted as part of this Press statement on behalf of cde Malema.
REMEDIAL ACTION: Comrade Julius Malema shall:
Attend the ANC Political School for at least twenty (20) days within the next year, from the date of this ruling.
Attend programmes on effective leadership communication and anger management or other appropriate programmes at local institutions to be determined by the NDC.
Adherence to the sanctions in clauses 4.5.2 shall be monitored by ANC National Office Bearers.
FINE: A fine of R10,000 (ten thousand rand) is imposed and payable within 3 months to a Youth Development Project to be determined by the Presenter.
The NDC further ruled that should Comrade Julius 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.