The Times
*ANCYL dissidents win court case against Malema* *Livhuwani Mammburu, The Times, Johannesburg, 9 July 2010 *ANC Youth League president Julius Malema's ambition to run for re-election in 2011 has been dealt a heavy blow after the Eastern Cape High Court ruled that his decision to dissolve the provincial leadership was unlawful - practically reinstating the ousted leaders. (*Click here to read the judgement <http://www.timeslive.co.za/multimedia/archive/00792/ANCYL_Beshe_judgeme_792364a.pdf>*)
When lodging the court challenge against his national leader, the league's Eastern Cape provincial chairman, Mlibo Qoboshiyana, described Malema as an "embarrassment" and averred that he had dissolved the youth league's provincial executive because it was opposed to his attempts to secure a second term as league president.
The court ordered: "That the decision taken on the 9th June 2010 by the National Working Committee of the Respondent to dissolve the Eastern Cape Provincial Executive Committee of the African National Congress Youth League be and is hereby declared unlawful and is hereby set aside".
It also interdicted Malema and his national leadership from "holding a provincial congress at Grahamstown or any other place in the Eastern Cape unless "such a congress is convened at the instance and with the participation of the provincial executive committee in the convening of such a congress."
The ANCYL national office was also ordered to pay all legal costs. *_Withdrawal wasn't an option_*Qoboshiyana told Avusa Media Live the decision not to withdraw the case yesterday followed the ANC Youth league lawyers being instructed by the national leadership not to accept anything like the out of court settlement.
Qoboshiyana said: "I was shocked to learn that the people who rejected the drafted notice of withdrawal and out of court settlement were the national youth league. The ANC Youth League lawyers said there was no person instructed to consider anything like the out of court settlement. We had no option, but to follow them to court to argue and present our own side of story."
The ANC said "The ANC Youth League has instructed Lawyers to appeal the judgment in order to put the record straight and defend the unitary character and democratic centralism principles of the ANC Youth League."
*_Signs of discontent_*There have been signs of discontent in Gauteng and the Free State, and Malema's youth league opponents have been scathing in their attacks, with the league's ousted Limpopo chairman, Lehlohonolo Masoga, accusing Malema in court papers of abusing "state instruments like the police to settle political disputes".
As the strain of the rebellion began taking its toll, the league's spokesman, Floyd Shivambu, warned dissidents that "court actions" were "against internal organisational process" and that "all members who are part of the court actions directly and indirectly (will) ultimately account through the internal organisational process".
The statement was described by Malema's opponents as a threat of "victimisation", particularly against those who are opposed to his intention to run for a second term as the league's president.
Qoboshiyana asked the Eastern Cape High Court to prevent a July 10 provincial elective conference - convened by Malema - from taking place.
He also asked for an order to "interdict and restrain" Malema from interfering in the affairs of the Eastern Cape ANCYL provincial executive, "more particularly, its right to convene a provincial conference".
*_Victory_* Today Qoboshiyana got what he wanted from the court.Qoboshiyana's affidavit says the majority of the dissolved provincial executive "do not support Mr Malema's re-election ... Malema has through his conduct embarrassed some, certainly most, of the PEC, the league, the ANC and members of the broader South African society".
He says that Malema's conduct in attempting to convene his own provincial conference "is geared to secure the election of a provincial executive committee which will support (him) in his attempt to be elected for a second term as the league's president".
ANC Youth League deputy president Andile Lungisa last night issued a statement distancing himself from the leadership race currently going on within the organisation.
Lungisa has in the past weeks been linked to a faction that is challenging youth league president Julius Malema for the control of the organisation in 2011.
In his statement last night he said he was not challenging Malema for any position.
"I officially distance myself from all these allegations and put it on record that I will not do anything that divides the organisation," Lungisa said.
Lungisa's latest move will dent the hopes of some within the youth league who had in recent weeks rallied behind his name in their fight to unseat Malema.
*From: http://www.timeslive.co.za/local/article542324.ece/ANCYL-dissidents-win-court-case-against-Malema*
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