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. ---------- 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* -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] . -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] .
