Julius Malema has been suspended from the African National Congress (ANC) Youth League for five years and has to vacate his position as president of the organisation.
The ANC's national disciplinary committee (NDC) found him guilty of provoking serious divisions in the ANC and bringing the organisation into disrepute, committee chairperson Derek Hanekom told reporters in Johannesburg on Thursday.
The ANCYL's "arrogant" spokesperson Floyd Shivambu was suspended from the league for three years.
The youth league's secretary-general Sindiso Magaqa was found guilty of making a derogatory statement about Public Enterprises Minister Malusi Gigaba.
He was suspended for 18 months. The sentence was suspended for three years.
On a charge of disrupting an ANC meeting on August 8, 2011, Malema, Magaqa, ANCYL deputy president Ronald Lamola, treasurer general Pule Mabe and deputy secretary general Kenetswe Mosenogi were found guilty.
All had their youth league membership suspended for two years. This sanction was suspended for three years.
The punishment would come into effect after the appeal process had been concluded. All of them would continue to receive their salaries until then.
Elaborating on the charges, Hanekom said Malema, at an ANCYL meeting on July 31, hinted that former president Thabo Mbeki had opposed attempts to recolonise Africa, unlike President Jacob Zuma's administration.
"However, the suggestion that the administrations after comrade Mbeki have relegated or abandoned an African agenda and thereby aided and abetted the imperialist agenda that seeks to recolonise Africa is untrue and portrays the current ANC government and the leadership under President Zuma in a negative light and therefore has the potential to sow division and disunity," Hanekom read from a statement.
Malema was further found guilty of making statements about the league's helping to bring about regime change in Botswana.
His "careless" utterance brought the ANC into disrepute within and outside South Africa, said Hanekom.
He was found not guilty of "sowing racism" following statements at a public rally on May 9 in Galeshewe, Kimberley.
"Discipline is a core attribute of any leadership and the ANC would have expected the respondent [Malema] to have led by example."
The NDC noted that in a year-and-a-half Malema was found guilty on four counts of sowing division in the ANC, bringing the party into disrepute and defying its officials.
Shivambu was found guilty on two charges – swearing at a journalist and his press statement about regime change in Botswana.
The ANC's national disciplinary committee noted his "arrogance and defiance".
The NDC rejected his defence that he was provoked into swearing at Media24 journalist Jacques Dommisse by being called a fool.
The NDC said Shivambu was the face of the organisation. His use of vulgar language was "unacceptable and constitutes a serious offence".
The ANC national chairperson Baleka Mbete, who sat on the disciplinary committee, testified that she could not remember when the ANC had condoned such language.
Shivambu's statement that the Youth League had a programme of "liberating the people of Botswana from imperialist dominance" severely prejudiced the ANC, eroded its international relations and could spook investors.
"The respondent's [Shivambu] reckless conduct not only attracted liability to himself, but also put the country at risk."
The NDC found any message from the league could be perceived to be representing the views of the ANC and the South African government.
Magaqa's statement issued on behalf of the league on August 2, 2011, was derogatory and an unjustified attack on Gigaba.
"In the current economic climate internationally, the securing of foreign direct investment has become extremely challenging and competitive," Hanekom said.
"The NDC is of the view that the respondent's [Magaqa] action has prejudiced the ANC, the government, and the community it serves, including a possible negative effect on investment in South Africa."
Magaqa was ordered to apologise publicly to Gigaba within five days.
On the charge of disrupting a meeting of top ANC officials, the committee found it was "unprecedented, and untenable" to barge uninvited into a meeting which included Zuma and his deputy Kgalema Motlanthe.
While the NDC understood the group may have "harboured feelings of frustration", ill-discipline was not a cure for this.
"The NDC took the view that the respondents as ANC members and senior leaders of the ANC Youth League, are expected to shine as beacons of the values of the ANC, and set an example to the millions of young people in South Africa, both black and white."
The NDC said it had rejected six legal arguments put forward by the youth league's defence team.
These included, that the disciplinary proceedings had not been validly instituted, that the ANCYL was independent from the ANC, that the current leadership should be judged in light of the league's "militant" tradition, and that disciplinary processes should not be used to settle political scores.
Four separate hearings were held between August 30 and November 6. The NDC's findings run into 136 pages.
Hanekom said the rulings and penalties were not influenced by events that occurred during the hearings.
EMAIL THIS ARTICLE SAVE THIS ARTICLE FEEDBACK
To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here







