NOW that an almost final appeal has failed, what are former African
National Congress (ANC) Youth League president - and now former ANC
member - Julius Malema's options? If we go by history, he has three
possible paths, personified by three previous castaways: Bantu Holomisa,
Winnie Madikizela-Mandela and, of course, Jacob Zuma . 

The Winnie option would be to follow the example of one of his biggest
supporters and benefactors after she was ousted from the party's most
senior ranks; lie low and wait for a good moment to strike. Malema's
problem is that his position is too different from hers. First, she was
never totally ousted from the party, partly because she was considered a
fly in the ointment rather than a real threat. So Malema starts in a
different position to Madikizela-Mandela. 

It's also arguable whether Madikizela-Mandela's strategy really worked.
She aimed to get back at the ANC through proxies, people like, for
example, Malema. This creates a weird circularity if Malema were to try
and adopt her approach. Financially, they are also in different
positions. Madikizela-Mandela has always had an incentive to lie low
rather than fight big, because she has continued to draw a parliamentary
salary. Malema does not have that option, and presumably, his ability to
tenderpreneur disappears with his membership. He desperately needs not
only political backers but financial backers. 

The Zuma model would be to use the courts to keep himself in the
running. The advantage would be that by doing so he might prevent the
youth league from replacing him by claiming that the legal process has
not been exhausted. This is because, as we all know, you are innocent
until proven guilty, and you are not proven guilty until practically
every judge in the country has been canvassed on every point. 

The difference is that Zuma had unlimited funds for legal action because
taxpayers were paying, and so every decision could be challenged and
re-challenged. Malema will have to rely on his benefactors, who are
likely to disappear pretty fast, since they know what will happen to
them if they are discovered supporting Malema taking the ANC to court.

Also, Malema's case is weak. His strongest legal argument is that the
decision of the ANC top structures to expel him offends natural justice
because they were both accuser and judge. Yet my colleagues tell me our
courts have consistently taken the position that so long as they are not
discriminating against any group, voluntary organisations have the right
to decide who their members should be. It might be worth a crack, but
just by going to court, Malema is racking up another count against him,
since the ANC has banned its members from taking the party to court. In
short, it's a bad option. It is also the one he has apparently chosen. 

The Holomisa model works this way: Malema gives up any hope of regaining
his position in the ANC, but he rallies his existing supporters into a
new party, called, say, "The Real ANC". This seems the most unlikely
eventuality, because his argument so far has been that he is a total ANC
devotee - even though the party is clearly not devoted to him. 

But it may be the most effective strategy. The latest opinion polls put
his support at about 17% of the population. Let's assume that this level
of support is reduced by half, because he will be stripped of the
positional status. That's still 1,8-million votes or about 35 seats in
the National Assembly. That would make him the leader of the
third-largest party in Parliament. He would have a healthy
parliamentarian's salary and could claim R10m a year from the
Represented Political Parties Fund. That won't buy many Breitling
watches, but it's not to be sneezed at. 

Of course, he would probably never get that many votes, with the ANC's
not inconsiderable guns pointed at him. Yet, who's to say? The ANC
itself is divided, pretty weak and poorly led at the moment. Malema has
a compelling political message, even if it would be destructive to the
economy. With that parliamentary power base, the ANC might even be
forced to take him back, lest it lose the aura of being the sole
legitimate representative of black South Africans. 

If Malema really is the young lion he claims, he should take the
Holomisa road. But is he?

* Cohen is contributing editor

NOW that an almost final appeal has failed, what are former African
National Congress (ANC) Youth League president - and now former ANC
member - Julius Malema's options? If we go by history, he has three
possible paths, personified by three previous castaways: Bantu Holomisa,
Winnie Madikizela-Mandela and, of course, Jacob Zuma . 

The Winnie option would be to follow the example of one of his biggest
supporters and benefactors after she was ousted from the party's most
senior ranks; lie low and wait for a good moment to strike. Malema's
problem is that his position is too different from hers. First, she was
never totally ousted from the party, partly because she was considered a
fly in the ointment rather than a real threat. So Malema starts in a
different position to Madikizela-Mandela. 

It's also arguable whether Madikizela-Mandela's strategy really worked.
She aimed to get back at the ANC through proxies, people like, for
example, Malema. This creates a weird circularity if Malema were to try
and adopt her approach. Financially, they are also in different
positions. Madikizela-Mandela has always had an incentive to lie low
rather than fight big, because she has continued to draw a parliamentary
salary. Malema does not have that option, and presumably, his ability to
tenderpreneur disappears with his membership. He desperately needs not
only political backers but financial backers. 

The Zuma model would be to use the courts to keep himself in the
running. The advantage would be that by doing so he might prevent the
youth league from replacing him by claiming that the legal process has
not been exhausted. This is because, as we all know, you are innocent
until proven guilty, and you are not proven guilty until practically
every judge in the country has been canvassed on every point. 

The difference is that Zuma had unlimited funds for legal action because
taxpayers were paying, and so every decision could be challenged and
re-challenged. Malema will have to rely on his benefactors, who are
likely to disappear pretty fast, since they know what will happen to
them if they are discovered supporting Malema taking the ANC to court.

Also, Malema's case is weak. His strongest legal argument is that the
decision of the ANC top structures to expel him offends natural justice
because they were both accuser and judge. Yet my colleagues tell me our
courts have consistently taken the position that so long as they are not
discriminating against any group, voluntary organisations have the right
to decide who their members should be. It might be worth a crack, but
just by going to court, Malema is racking up another count against him,
since the ANC has banned its members from taking the party to court. In
short, it's a bad option. It is also the one he has apparently chosen. 

The Holomisa model works this way: Malema gives up any hope of regaining
his position in the ANC, but he rallies his existing supporters into a
new party, called, say, "The Real ANC". This seems the most unlikely
eventuality, because his argument so far has been that he is a total ANC
devotee - even though the party is clearly not devoted to him. 

But it may be the most effective strategy. The latest opinion polls put
his support at about 17% of the population. Let's assume that this level
of support is reduced by half, because he will be stripped of the
positional status. That's still 1,8-million votes or about 35 seats in
the National Assembly. That would make him the leader of the
third-largest party in Parliament. He would have a healthy
parliamentarian's salary and could claim R10m a year from the
Represented Political Parties Fund. That won't buy many Breitling
watches, but it's not to be sneezed at. 

Of course, he would probably never get that many votes, with the ANC's
not inconsiderable guns pointed at him. Yet, who's to say? The ANC
itself is divided, pretty weak and poorly led at the moment. Malema has
a compelling political message, even if it would be destructive to the
economy. With that parliamentary power base, the ANC might even be
forced to take him back, lest it lose the aura of being the sole
legitimate representative of black South Africans. 

If Malema really is the young lion he claims, he should take the
Holomisa road. But is he?

* Cohen is contributing editor


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