Business Day

Members of ANC can’t use the sub judice rule

- Thando Maeko Political Reporter maekot@businessli­ve.co.za

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.

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