STEP ASIDE OR GO TO COURT – ANC
IT’S do or die for Ace Magashule, following the ANC’s decision to suspend him and other members facing criminal charges, in a clear execution of the party’s March national executive committee (NEC) decision.
He is now faced with the option to either comply with his party’s decision or challenge it in a court of law, as his party did not give him and others the option to appeal.
Other affected people include former state security minister Bongani Bongo; former eThekwini Municipality mayor Zandile Gumede, Limpopo ANC treasurer Danny Msiza; former Mangaung Metro mayor Olly Mlamleli, as well as councillors in different municipalities in the country. The ANC’s decision came as Bongo appeared in the Nelspruit Magistrate’s Court yesterday, charged with fraud and corruption amounting to R74 million.
Announcing the party decision yesterday, ANC national spokesperson Pule Mabe said that the national working committee (NWC) had reaffirmed the decision of the NEC on March 26-29 that all members who had been charged with corruption or other serious crimes must step aside within 30 days, failing which they should be suspended, in terms of rule 25.70 of the ANC’s constitution.
The rule provides that “where a public representative, office-bearer or member has been indicted to appear in a court of law on any charge, the secretary general or provincial secretary, acting on the authority of the NEC, the NWC, the provincial executive committee (PEC) or the provincial working committee (PWC), if satisfied that the temporary suspension of such public representative, office-bearer or member would be in the best interest of the organisation, may suspend such public representative, elected office-bearer or member, and impose terms and conditions to regulate their participation and conduct during the suspension.”
Mabe said that the NWC received reports from the provinces on members who had been charged with corruption or other serious crimes, the status of their matters, whether the affected members had been informed of the NEC’s decision, and whether they had stepped aside.
“The NWC also received a report from the national officials, through a team led by Treasurer-General Paul Mashatile, on proposed terms and conditions regulating the participation and conduct of members, during the period that they step aside voluntarily.
“The affected member must update the relevant secretariat on a monthly basis regarding progress with their case. The decision by a member to step aside will be reviewed by the relevant structure of the organisation every six months,” Mabe said.
He said the NWC had resolved that the decision of the last NEC meeting must be implemented, saying those who had been charged with corruption or other serious crimes, and who had not stepped aside, should be suspended.
He also confirmed that the top leadership of the ANC were considering a proposal for the establishment of an appeals committee, to handle all related matters regarding the step-aside policy.
Political analyst Professor Dirk Kotze said Magashule and others had not been given an option to appeal against the ANC’s NWC decision.
“Ace Magashule and others were clearly told to comply with the ANC’s decision. If they don’t comply, the only option for them is to go to court and challenge the decision,” Kotze said.
“It is a significant decision in that there is no referral to a disciplinary committee. It is also implied, in the statement, that the ANC’s NEC will not discuss the suspensions during its upcoming meeting this weekend. It is a final decision,” Kotze said.
Bongo is charged alongside his ex-wife Sandile Nkosi, and 10 others collectively facing 69 counts of corruption, fraud, theft, money laundering, and contravention of the Public Finance Management Act.
The case against them was postponed until January 10, for plea and trial, in the local High Court.
Magashule was not available for comment.
He said he was involved in a meeting and Bongo did not answer calls after the ANC had made its decision public.
Yesterday, it emerged that ANC KwaZulu-Natal deputy chairperson Mike Mabuyakhulu – who is also facing a criminal charge of fraud and corruption – would not be served with a suspension letter. Mabuyakhulu wrote a letter to Magashule, dated April 22, in which he offered to step aside.
Yesterday KZN ANC spokesperson Nhlakanipho Ntombela confirmed that Mabuyakhulu had written the letter.
“As the province, we will get the full report next Monday, after the NEC meeting at the weekend, which will process all those issues,” Ntombela said.
Mabuyakhulu allegedly received R300 000 in bribes from the organisers of the North Sea Jazz Festival during his tenure as KZN economic development MEC, after allegedly authorising the payment of R28m to companies and individuals for the festival, which never took place, in 2012.