ANC meeting will be high noon for Magashule
• Party s handling of matter will speak volumes about its commitment to Ramaphosa s anticorruption agenda ’
The fate of ANC secretarygeneral Ace Magashule will be at the centre of discussion at the party s national executive
’ committee meeting at the weekend. The ANC will be dealing with whether or not members should be forced to step down when facing criminal proceedings in the wake of Magashule appearing in court on corruption charges. The party has obtained legal opinion, which will be presented at the meeting.
The fate of one of the ANC s most senior leaders, secretarygeneral Ace Magashule, will be at the centre of discussions at its last national executive committee (NEC) meeting for 2020, to be held virtually this weekend.
The party will be dealing with the matter of whether members should be forced to step down when facing official charges, in the wake of Magashule appearing in court on corruption charges.
The ANC has solicited a legal opinion from senior counsel Gcina Malindi.
A report including the legal opinion, by a team led by NEC member Andries Nel, will be presented at the meeting and is set to include both the legal and political factors influencing the ANC s step-aside resolution.
The ANC resolved at its elective conferences in 2012 and 2017, as well as at its last NEC meeting, that those facing charges of corruption must step aside pending the outcome. The party' s handling of the matter will speak volumes about its commitment to President Cyril Ramaphosa s reform and ’ anticorruption agenda, which was endorsed by the ANC NEC three months ago.
The ANC is trying to restore its image after years of allegations of corruption against senior party leaders, which has hurt its electoral support, especially in the 2016 local government elections, where it lost control of three of the country' s metros. The ANC gained some ground again in 2019 on the back of Ramaphosa s anti’ corruption ticket, but with the 2021 local government elections looming, the party needs to show the electorate it is serious.
ANC leaders have been tiptoeing around the issue, using the legal opinion as a way to circumvent the step-aside rule. Business Day, however, understands that in the end it will boil down to a political decision and not a legal one.
This relates to the issue of political morality, tied in with the image of the ANC and how it is trying to rebuild its standing in society.
Magashule and national chair Gwede Mantashe have reportedly said the legal opinion says the party has no powers to force leaders facing criminal charges or allegations of wrongdoing to step down from their positions.
In 2012, the ANC was taken to court to nullify a Free State provincial conference, and the Constitutional Court judgment in that matter was clear: the ANC is a voluntary organisation, which means members have to abide by party rules.
When a member joins the party, they are bound by the rules and the constitution, which that court judgment found was consistent with the country s’ constitution.
The ANC s current rule states that if a member has been charged, it is up to them to voluntarily step aside based on political morality and their conscience. However, if a member refuses to do this, the party has the right to enforce its own provision, which says it can suspend or discipline that member.
That decision means it would take political will by the ANC to implement its own rules, as it is not a legal matter.
If the party acts against Magashule, it will set a precedent, clearing the way to force other members such as MP Bongani Bongo, former eThekwini mayor Zandile Gumede and KwaZuluNatal deputy chair Mike Mabuyakhulu, who are also facing charges in court, to do the same.
In the end, the political decision will depend on the influence of those who maintain the anticorruption stance Ramaphosa used to win the succession battle in 2017.
While it is understood there is no clear dominant faction on the NEC, those aligned to the president are said to be putting up a fierce fight to have Magashule step aside, as his own backers prepare to defend him.
In the end, the decision may well rest with those who are not aligned to either faction, but have been sitting on the fence since the Nasrec conference. / With Natasha Marrian
ANC LEADERS HAVE BEEN TIPTOEING AROUND THE ISSUE, USING THE LEGAL OPINION AS A WAY TO CIRCUMVENT THE STEP-ASIDE RULE