Daily Dispatch

PIERRE DE VOS

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PRESIDENT Jacob Zuma’s political future depends on the balance of forces within the ANC national executive committee. While interestin­g legal questions arise about whether Speaker Baleka Mbete or the members of the National Assembly can insist on a secret ballot when a vote of no confidence against Zuma is considered (they can), obsessing about these technicali­ties is a distractio­n.

The faction that controls the NEC controls the ANC (in between elective conference­s) and, in turn, controls the ANC caucus in parliament.

Earlier this week I tweeted: “On what basis do people predict the demise of President Zuma? Has anyone counted the votes in NEC or in ANC caucus for and against [his removal from office]?”

This question seems even more relevant after the patronage faction aligned to Zuma seemed to prevail in a meeting of the ANC national working committee this week.

The ANC constituti­on, adopted at its 2012 conference at Mangaung, affirms the NEC “is the highest organ of the ANC between national conference­s and has the authority to lead the organisati­on, subject to the provisions of this constituti­on”. The NEC also retains residual power to take any decision which is not specifical­ly prohibited by the ANC constituti­on.

This is clear from section 12.2 of the ANC constituti­on which prefaces the list of powers bestowed on the NEC with the words “[w]ithout prejudice to the generality of its powers”. This means that unless the ANC constituti­on bestows exclusive powers on another body – such as the powers bestowed on the national disciplina­ry committee (NDC) to discipline members – inbetween elective conference­s the NEC can take any decision it deems necessary to advance the interests of the organisati­on.

While section 12.3 regulates the election of the top six leaders of the ANC and the rest of the NEC, the constituti­on does not provide for the removal of any of the top six leaders or other NEC members from office except via a disciplina­ry process.

Neither does it provide for the “recall” of the president of the ANC as president of the country. At the Polokwane elective conference in 2007 the ANC adopted a resolution that: “the ANC president shall be the candidate of the movement for president of the Republic”.

Section 25.21.8 does allow the NDC to remove any ANC office-bearer (say, the president, secretary general or treasurer) or to suspend such an office-bearer if found guilty of any contravent­ion of the rules of the organisati­on.

Section 25.21.9 also allows the NDC to order the cancellati­on or suspension of the deployment of a public representa­tive. In other words, it allows the NDC (should it find the president guilty of a breach of the offences listed in the constituti­on) to “recall” him – or the deputy president – from office, in which case the president would have to resign. If he refuses, the ANC

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