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Summary of the NDCA Ruling

24 April 2012

Having considered the grounds of appeal and the Heads of Argument, the NDCA rules as follows:-

APPEAL OF FLOYD SHIVAMBU

227. The appeal is dismissed.

228. The Respondent`s argument that the sanction of the Appellant be increased to a suspension of 5 years was considered by the NDCA and rejected.

229. The sanction imposed by the NDC that the Appellant`s ANC membership be suspended for a period of 3 years is confirmed.

230. This sanction is applicable to the Appellant`s membership of the ANC Youth League.

APPEAL OF SINDISO MAGAQA

231. The appeal is dismissed.

232. Having had regard to all the circumstances concerning this appeal, the NDCA, in the exercise of its discretion, varies the sanction imposed by the NDC as follows:-

&quot;The Appellant`s ANC membership is suspended for a period of 1 year, which shall come into operation with immediate effect&quot;.

233. This sanction is applicable to the Appellant`s membership of the ANC Youth League.

234. Consequently, cde Sindiso Magaqa shall vacate his position as Secretary General of the ANC Youth League.

APPEAL OF JULIUS MALEMA

235. The appeal is dismissed.

236. With regard to the Appellant`s disciplinary hearing held in May 2010, the sanction imposed by the NDC that the Appellant`s ANC membership be suspended for a period of 2 years is confirmed.

237. In respect of the present disciplinary hearing, the NDCA confirms the sanction imposed by the NDC that the Appellant be expelled from the ANC.

238. These sanctions are applicable to the Appellant`s membership of the ANC Youth League.

Issued by:

CYRIL RAMAPHOSA
CHAIRMAN
ANC NATIONAL DISCIPLINARY COMMITTEE OF APPEAL

JEFF RADEBE
MEMBER
ANC NATIONAL DISCIPLINARY COMMITTEE OF APPEAL

JESSIE DUARTE
MEMBER
ANC NATIONAL DISCIPLINARY COMMITTEE OF APPEAL

TREVOR MANUEL
MEMBER
ANC NATIONAL DISCIPLINARY COMMITTEE OF APPEAL

BRIGITTE MABANDLA
MEMBER
ANC NATIONAL DISCIPLINARY COMMITTEE OF APPEAL