I was asking myself when I read the ANC statement that whether it was proper to 
start issuing statements on proceedings that are part of a DC.  I am not sure 
yet of what should have happened, but critically and objectively looking at the 
way the statement has been written, it gives enough space for whoever accused 
to believe that there is a motive behind by whoever who wrote or was part of 
writting it. To me the statement that seeks to explain the rulling is 
subjective, vindictive and does not stick directly to the merits of the case 
before the DC. 
I think if things continue like this, the process runs a risk of being 
compromised and not achieving any desired outcomes by both parties 
involved(charged and complainant). Also the statements that have been made by 
some senior members of the ANC that indirectly refer to the incident leading to 
Mr Malema facing DC will do more harm than good to the process.

This is how I see it. 
   

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Sent via Nokia Email

------Original message------
From: Moses Moyo <[email protected]>
To: 
<[email protected]>,<[email protected]>,<[email protected]>
Date: Friday, September 2, 2011 5:20:23 PM GMT+0200
Subject: [YCLSA Discussion] ANC YL Media ANC COMMUNICATIONS ON THE DISCIPLINARY 
HEARING PROCEEDINGS:

 [image: logo.gif]

*ANC COMMUNICATIONS ON THE DISCIPLINARY HEARING PROCEEDINGS:*

* *

02 September 2011

* *

The ANC Youth League is concerned that the ANC is publicly communicating the
processes of the Disciplinary Hearing, contrary to what the Disciplinary
Code of the ANC says. The ANC Youth League’s understanding of the ANC
Constitution’s clause concerning public communication is that it can only be
done once all processes have been finalised. The ANC Constitution clause
25.11 reads as follows, “*The relevant Disciplinary Committee shall in
writing report the outcome of each disciplinary proceeding to the secretary
of the executive structure which established it and then the decision shall
be publicly announced by the relevant Disciplinary Committee*”.



The ANC Youth League’s honest understanding of this ANC Constitutional
clause is that only the outcome of the process shall be publicly announced,
not the process itself. This has informed how the ANC Youth League
approached the process from the beginning. We are however concerned that the
ANC publicly announces and communicates the process itself, and at times
communicates what the NDC has not agreed or finalised, like the changes of
venue, recusal applications, etc. The ANC Youth League will continue to
abide by this principle and will at all times avoid the temptation of making
public announcements and communication of the process.



The ANC Youth League will therefore not make any public statements and
communication concerning internal DC processes because doing so is not in
line with the ANC Constitution and rules. This is despite the reality that
some of the issues publicly communicated do not reflect reality of what has
transpired thus far. The judgment on quashing of charges released by the ANC
does not reflect the true essence of the arguments tabled by the leadership
of the ANC Youth League. Instead, many issues that were not raised by our
representatives are now contained in the ruling publicly released by the ANC
NDC; *in particular a claim in the ANC National Disciplinary Committee
Statement that the complainant (ANC Youth League President Julius Malema)
said the ANC Constitution is unconstitutional. ANC Youth League President
Julius Malema refuted this claim in the NDC and no one has given any
contrary information. *



To resolve this concern, the ANC Youth League has now instructed its
representatives to make an urgent application at the Disciplinary Hearing to
stop all public communications, which are in breach on the ANC Constitution
and to clarify the meaning of clause 25.11.


*Issued by the ANC Youth League*

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