PIERRE DE VOS
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