[image: Business Day]

*Malema guilty plea could cut hearing short*


 *Karima Brown, Business Day, Johannesburg, 11 May 2010** *

AFRICAN National Congress (ANC) Youth League leader Julius Malema’s
disciplinary hearing resumes today, days before the party’s monthly national
executive committee meeting, which starts on Friday.

Malema, represented by ANC treasurer-general Mathews Phosa, has to answer to
charges of bringing the party into disrepute and defying its leadership.
These were brought after he had taunted President Jacob Zuma , who had
publicly rebuked him over comments on Zimbabwe and his verbal abuse of a BBC
journalist at a youth league press conference.

If Malema pleads guilty today in exchange for a suspended sentence, as is
expected, the proceedings will be wrapped up before the executive committee
gathering. This will save the ANC’s top brass from having to choose between
Malema and Zuma over the issue.

If found guilty, Malema faces several varieties of sanction. These could
include a public reprimand , being told to attend “political school” on how
to deport himself, and a public apology to Zuma. Malema may also be told
that if he is found guilty of similar offences in the future he could face
summary suspension from the party.

It is understood that Phosa has been assisted by lawyers Themba Langa and
SABC board member Clifford Motsepe, who formed Malema’s defence team. The
three are again expected to be at Malema’s side today when he faces off with
the disciplinary committee chaired by Deputy Science and Technology Minister
Derek Hanekom .

Phosa has reportedly advised Malema to plead guilty to some of the charges
in order to get off lightly, amid efforts to reach some form of compromise
ahead of the executive committee gathering.

However, if Malema chooses to contest the matter, it is likely the
disciplinary committee will hear testimony of witnesses, turning it into a
long, drawn-out process. The ANC leadership appears to want to avoid a
lengthy battle of wills, especially since the matter has divided the ANC at
the very top.

At last Monday’s sitting of the disciplinary committee, Malema’s team
successfully argued that Minister in the Presidency Collins Chabane had to
recuse himself from the proceedings amid statements that he could not be
impartial. The meeting did, however, form a quorum despite Chabane’s
premature departure.

Last week, Malema’s camp tried unsuccessfully to intimate that ANC
secretary-general Gwede Mantashe was the originator of the charges, and Zuma
had little to do with them. It is understood that Phosa’s efforts to
intimate that Mantashe had acted without Zuma’s consent did not hold up,
with Hanekom satisfied that the charges against Malema had been initiated by
officials who included Zuma.

Business Day also understands that the plea-bargain agreement between the
prosecution and the defence was agreed upon after it had been suggested in
last week’s national working committee meeting by Justice Minister Jeff
Radebe .

[email protected]

 *From: http://www.businessday.co.za/articles/Content.aspx?id=108509*

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