Members of ANC can’t use the sub judice rule
ANC members can no longer hide behind the sub judice rule to avoid answering questions about ethical misconduct by the party’s integrity commission, in a move intended to strengthen its internal accountability body.
The sub judice rule is often used as a legal justification to refuse to divulge information concerning matters that are part of legal proceedings or before the courts. It has often been used by politicians appearing before inquiries or parliament to evade discussing their legal matters.
The ANC’s national executive committee last weekend amended the integrity commission’s guidelines allowing it to summon members to appear before it regardless of any pending legal matters. The commission was set up in 2013 to probe misconduct in the ANC’s ranks.
The new rule states: “The responsibilities, powers and authority of the integrity commission are not dependent on or curtailed by any judicial procedures. Members who commit unethical behaviour while awaiting judicial processes, or while on suspension, remain subject to integrity commission authority.
“A distinction is drawn between judicial and ethical processes. Integrity commission authority relates to ethical process,” the amended rules read.
The commission’s powers have come under the spotlight recently as it prepares to examine the conduct of about 90 ANC members implicated in state capture.
The ANC has completed its consolidation of the framework on the integrity commission, paving the way for accelerated implementation of the process to uphold the integrity of the organisation, ANC secretarygeneral Fikile Mbalula said at a media briefing on Thursday.
THE INTEGRITY COMMISSION CAN NOW SUMMON MEMBERS REGARDLESS OF ANY PENDING LEGAL MATTERS
“We did not discuss individual cases as it is not our call. The national executive committee only discusses cases as and when they are presented ... the committee is yet to process some of the cases that have been processed by the integrity commission.”
The amended rules come as the ANC is working on finalising its candidate selection process ahead of the national elections in 2024.
Candidates who have been implicated in the judicial commission of inquirys ’ report are disqualified from nomination as potential MPs and MPLs unless they have been cleared by the party’s internal watchdog. This is according to the party’s rules and the process guiding the list nominations process.
Business Day previously reported that the party’s electoral body has however not received any instruction from the national executive committee — which is tasked with implementing the recommendations of the integrity commission — to disqualify members.
A list of public representatives is traditionally used by the party to select ministers, premiers and MECs after national and provincial elections.
The party has to nominate up to 200 candidates for parliament. Nine provincial legislature ANC lists require a minimum of 30 and a maximum of 80 candidates.
The candidate selection process is expected to end in February ahead of the launch of the party’s elections manifesto at the end of February.