STATEMENT OF THE ANC NATIONAL DISCIPLINARY COMMITTEE
The African national Congress (ANC) National Disciplinary Committee (NDC) started with the disciplinary hearing of cde Julius Malema on 30 August 2011. Cde Malema's representatives raised preliminary points pertaining to the charge sheet and also sought the recusal of three members of the National Disciplinary Committee.
The National Disciplinary Committee, after hearing arguments from the representatives of cde Malema and from the ANC Presenters, ruled on the preliminary matters.
By agreement, the charge related to barging into the meeting of ANC Officials was removed from the charge sheet of cde Malema for the sake of convenience. He will now appear together with the other four Respondents (cdes Lamola, Mabe, Magaqa and Masenogi) on this charge on Friday, 2 September 2011, because the charge, the facts, witnesses and representatives of the Respondents are the same.
On the application for the recusal of three members of the NDC, the NDC turned down the application on the grounds that insufficient facts had been advanced to show bias or a perception of bias on the part of these three members.
After the rulings on the preliminary issues, cde Malema's representatives brought a further application to have all the charges quashed or dropped entirely. Arguments for and against this application started late Tuesday afternoon and continued on Wednesday.
The NDC adjourned the hearing to deliberate on the substantive issues raised by both parties and will deliver its ruling on the application for the charges to be quashed or dropped on Friday, 2 September 2011 at 09h00.
The disciplinary hearing of cde Floyd Shivambu has been postponed to a later date.
In accordance with the provisions of the ANC Constitution (including Rule 25.11) the National Disciplinary Committee will - upon finalisation of each case - inform the charged member/s, in writing report the outcome to the Secretary General and make a public announcement.
Statement issued by the ANC National Disciplinary Committee, African National Congress, Chief Albert Luthuli House, Johannesburg, August 31 2011
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