Malema booted out of ANC, allies sanctioned

League spokesman Floyd Shivambu must vacate his position. ANCYL secretary-general Sindiso Magaqa must apologise to Minister Gigaba within 15 days or face suspension of his membership.

ANC Youth League president Julius Malema has been expelled from the ANC, the party’s national disciplinary committee (NDC) chairman Derek Hanekom said on Wednesday evening.“Comrade Julius Malema is expelled from the ANC,” the NDC said in a statement.
The NDC said Malema’s evidence during his mitigation hearing showed he had “reneged on his membership oath and was not prepared to respect the ANC constitution”.“The ANC constitution demands that discipline be enforced without exception,” Hanekom said in a statement announcing Malema’s expulsion from the league and the ruling party.
“The cumulative effect of comrade Malema’s past and present offences, coupled with his own evidence of lack of remorse and disrespect for the ANC constitution and its structures... has left no room for the NDC to consider his misconduct as anything but extremely serious.” 
He has 14 days to appeal.

Malema was found guilty of portraying the ANC government and its leadership under President Jacob Zuma in a negative light, and for statements about creating regime change in Botswana, at an ANC Youth League press conference on July 31, 2011.Malema was further found guilty of propagating racism or political intolerance for his anti-white utterances, at an election rally in Galeshewe, Kimberley in May 2011.
During his mitigation hearing, Malema said the charges against him were “politically motivated”, an argument which the NDC rejected.
“The NDC finding, which was confirmed by the NDC of appeals, was that comrade Malema had publicly expressed his personal views in contravention of ANC policy, thereby sowing divisions within the organisation and bringing the organisation into disrepute,” it said.
The ANC NDC believed Malema was not prepared to accept the findings of the disciplinary process.
“With regard to comrade Malema’s plea not to have his membership taken away, the NDC believes that any period of suspension imposed as a sanction would not, as the complainant’s representative submitted, achieve the purpose of rehabilitating the comrade,” the committee said.
“The NDC is of the view that if comrade Malema is not prepared to accept final decisions of the NDCA, then the likelihood of him respecting the ANC constitution is remote.“As the president of an organ of the ANC responsible for mobilising the youth behind the ANC, this... in the view of the NDC, constitutes a threat and is tantamount to holding the ANC to ransom.” 
ANCYL secretary-general Sindiso Magaqa’s membership was suspended for three years.
Magaqa was found guilty of issuing, “a derogatory and potentially defamatory” statement about Public Enterprises Minister Malusi Gigaba, who is also an ANC national executive committee member. Gigaba had criticised the league’s comments on nationalising the country’s mines.Magaqa’s sanction was suspended for three years, but would come into effect if he didn’t apologise to Gigaba within 15 days.
Magaqa had argued that the statement was issued because the ANCYL had been provoked by Gigaba’s characterisation of the debate on the nationalisation of mines as “reckless”.“This argument was dismissed by the NDC... furthermore, the NDC is of the view that there is nothing political about making derogatory and potentially defamatory statements about a member of the NEC,” it said.
Magaqa could appeal his sanction within 14 days.
League spokesman Floyd Shivambu’s membership of the youth league was suspended for three years.
“Consequently, he shall vacate his position as a member of the national executive committee of the ANC Youth League.” 
He could appeal within 14 days.
Shivambu was found guilty for swearing at journalist Jacques Dommisse and for issuing a statement on bringing about regime change in Botswana. He argued during both the initial and appeal hearings that Dommisse provoked him.
“The NDC does not accept that there is anything 'political' about swearing at a journalist. With regard to comrade Shivambu’s conviction... for issuing a statement on Botswana... the NDC rejects the accusation that there is a political motive in the charge.” 
It said all three tried to argue that the charges were political in nature, requiring a political solution and not disciplinary action.
“Having considered the arguments raised by the respondents, the NDC finds that there was no justification for their actions and utterances. Consequently, their blameworthiness is not reduced.” 
Malema, Magaqa, deputy president Ronald Lamola, treasurer general Pule Mabe and deputy secretary general Kenetswe Mosenogi were also found guilty of disrupting an ANC meeting on August 8, 2011. The appeals committee threw out the guilty verdict for this charge. Source SAPA