The Star newspaper on Monday is reporting that the the ANC Youth League were likely to use the ruling party's national working committee (NWC) meeting today to push for the disciplinary outcome against its president, Julius Malema, to be overturned.

In this regard it is alleged that the national disciplinary committee, headed by Science and Technology Deputy Minister Derek Hanekom, was expected to present the NDC report (on Malema) to the NWC whereat the ANCYL, having been rejected by President Jacob Zuma when they wanted to discuss the outcome of the hearing, want the NWC to give consideration to it.

There is a problem for the ANCYL as correctly pointed out by ANC spokesman Brian Sokutu who confirmed that once the issue had been dealt with by the disciplinary committee, no other ANC structure, besides the appeals committee, could deal with it.

In terms of the ANC’s constitution and as set out in Rule 25 : “Any person found guilty during a disciplinary proceeding, or the complainant, has the right, within 14 days from the date of sentencing, to appeal against the conviction or sentence, to the next highest body of the ANC.”

That body is the appeals committee and not the NWC.

In the event that Malema has appealed to the appeals committee to overturn the decision of the NDC then the matter will be heard in due course. If he hasn’t and condonation of his late filing is allowed the same will apply.

If no late filing is allowed the matter has been concluded in accordance with the constitution of the ANC.