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Malema appeal to continue

24th January 2012

By: Sapa

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Suspended ANC Youth League leader Julius Malema's appeal hearing was scheduled to continue at the ANC's Luthuli House headquarters in Johannesburg on Tuesday.

African National Congress officials and Malema's lawyers could not be reached to comment on the progress of the hearing.

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The start of the hearing on Monday was marked by an information black-out, with party spokesmen saying they had been instructed not to comment.

"The media have been kept out and we don't know anything about it. The media might receive information once the hearing is completed," spokesman Keith Khoza said on Monday.

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ANC appeals committee chairman Cyril Ramaphosa would hear oral arguments at the hearing. Malema's lawyers submitted heads of argument to the ANC's national disciplinary committee of appeals last week.

Advocate Patrick Mtshaulana said these detailed why Malema's five-year suspension should be overturned.

Malema and other senior ANCYL leaders were suspended in November last year after being found guilty of sowing division within the ANC and of bringing the party into disrepute. This was due to, among other things, comments about bringing about regime change in Botswana.

Heads of argument were also filed for league spokesman Floyd Shivambu, deputy president Ronald Lamola, treasurer general Pule Mabe, secretary general Sindiso Magaqa, and deputy secretary general Kenetswe Mosenogi.

Mtshaulana said they would try to convince Ramaphosa that they had not been given a chance to argue in mitigation of their sentences. They would also argue that disciplinary committee members, including chairman Derek Hanekom and Mineral Resources Minister Susan Shabangu, should have recused themselves from the disciplinary committee which dealt with the matter.

This was because they had previously publicly disagreed with the ANCYL's positions on land reform and the nationalisation of mines.

They would further submit that the verdict and sanctions relied on an outdated section of the ANCYL constitution.

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