Clampdown on ANC rebels ‘illegal’

MPs had ‘duty to voters, constitution’

Disciplinary action against ANC MPs who voted with the opposition in a bid to remove President Jacob Zuma from office may be unconstitutional. This is according to constitutional law expert Pierre de Vos, writing in his blog Constitutionally Speaking yesterday. De Vos said the view by Zuma and his allies ignores the precedent set by the recent Constitutional Court (ConCourt) judgment on the vote of no confidence in Zuma. Yesterday, ANC secretarygeneral Gwede Mantashe said the ANC national working committee has taken a decision to discipline those who voted against Zuma.

He said the party would not go on a witch-hunt but would discipline those who came out publicly to say they would support the motion. They include Mondli Gungubele, Makhosi Khoza and Derek Hanekom.

De Vos said a provision that allowed a political party to expel an MP who had assaulted someone or was being charged with corruption, for example, would be viewed as reasonable and justifiable.

“But a provision that allows an MP to be expelled because she followed her conscience, believing she was serving the voters that elected her by supporting a vote of no confidence in the president, might well be unconstitutional and invalid.”

De Vos said while MPs had a duty to their party, this was always trumped by their duty to the voters and constitution.

In June, the Concourt – the highest court in the land – ruled that the duty of MPs would be to follow the dictates of personal conscience as affirmed by their oath of office.

Umkhonto weSizwe Military Veterans Association president Kebby Maphatsoe disagreed with De Vos, calling on the ANC to remove rebel ANC MPs immediately. “You can’t have a snake that is very poisonous in your house. You must kill it,” Maphatsoe said.

A war is brewing in the ANC after more than two dozen ANC MPs voted in favour of a motion of no confidence to oust Zuma last week.