The delaying tactics adopted by ANC youth league leader Julius Malema in his fight with the party's disciplinary machine has backfired.
Malema turned up at the National Disciplinary Committee of Appeals (NDCA) hearing on Thursday without his legal team, claiming that he needed a postponement to the proceedings. Now he and co-accused Sindiso Magaqa and Floyd Shivambu have been given until next Wednesday to present written heads of argument in their appeal against harsh sentences handed down by the ANC's National Disciplinary Committee.
The postponement was, however, granted on condition that they forfeit their right to make oral submissions to the NDCA.
ANC prosecutors have until next Friday to submit their arguments, after which the NDCA will rule on the matter regardless of the availability of any of the parties. The move places the timing of the entire process and its eventual outcome outside Malema or his counsel's control, allowing NDCA chair Cyril Ramaphosa and his committee to deal with the issue at their convenience.
Malema and his legal team have tried to drag out the matter since the ANC charged him for sowing disunity and bringing the party into disrepute. The disciplinary process has been characterised by constant postponements in an effort to allow Malema to remain active in the structures of the ANC to continue his campaign against President Jacob Zuma, whom the youth league wants to replace with Deputy President Kgalema Motlanthe when the ANC elects a new leadership in December.
Malema's summary suspension, handed down last week, has cut his access to any ANC gathering from branch level right up the chain to the National Executive Committee (NEC).
The ANC constitution stipulates that any disciplinary action must be wrapped up within six months unless a written request for an extension is granted by the NDCA. Given the delays, the NDC under the leadership of Derek Hanekom has already requested an extension, which the NDCA has granted. An irate Ramaphosa proceeded with the Thursday hearing and ordered Malema and his co-accused to find new representation within one hour, after reminding them that the April 12th date was agreed to by all parties primarily to accommodate Advocate Dali Mpofu, a member of Malema's legal team. Clifford Motsepe and Patrick Mtshaolana were also not present at the Thursday hearing. Ramaphosa eventually granted Malema's new counsel Muzi Sikhakhane's request for a postponement, allowing him time to prepare heads of argument.
Malema's efforts to drag out matters as a way of keeping him active in the youth league is also not yielding the desired results. A meeting of the league's National Working Committee on Tuesday did not come out in support of Malema and it is expected that the league's NEC meeting this Sunday is likely to be divided on on-going support for Malema.
In the previous NEC meeting, Malema and his allies could not muster the required numbers to drive through a vote of no confidence in league treasurer Pule Mabe, who has broken ranks with Malema and harbours ambitions to lead the league once Malema permanently exits the scene. Malema's grip on the league is slipping as his opponents in provinces such as KwaZulu-Natal and Mpumalanga, which were purged at the height of Malema's power, regroup. Malema stripped the league's provincial leadership in both provinces of their powers and imposed his acolytes.
While the ANC youth league's constitution empowers his deputy Ronald Lamola to lead the organisation, Mabe is attempting to mobilise sufficient support to call an urgent national general council or a special conference to elect a new leadership. The league could also be taken over by the ANC's NEC if it implodes, placed under the direct stewardship of ANC secretary general Gwede Mantashe.
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