ANC decision is flawed – Masuku
EX-MEC takes fight to DC body over step aside sanction
Embattled former Gauteng MEC for health Bandile Masuku is not going down without a fight.
Last week, the ANC provincial disciplinary committee recommended that Masuku step aside and relinquish his position as member of the provincial executive committee (PEC) for bringing the party into disrepute.
This was after the special investigating unit (SIU) found that the former MEC had lacked oversight when awarding R125-million worth of tenders to Royal Bhaca, the company linked to Amabhaca king Madzikane II Thandisizwe Diko, the late husband of presidential spokesperson Khusela Diko.
In October, Gauteng premier David Makhura fired Masuku using an SIU preliminary report that found that “he failed to execute his function in compliance with the constitution and the Public Finance Management Act”.
Masuku has since penned an appeal seeking to nullify the decision taken by the provincial disciplinary committee.
In his appeal seen by Sunday World this week, Masuku said his suspension was procedurally flawed, adding that the sanction for him to step aside from the PEC was inconsistent with the ANC constitution.
“The provincial disciplinary committee misdirected itself in that it made a determination about the work of the SIU, notwithstanding there being no evidence being led before the disciplinary hearing in this regard.
“The provincial disciplinary committee also misdirected itself in that it made a determination about the charged member having been requested by the chairperson and secretary of the ANC [Jacob Khawe] to voluntarily resign as MEC … which was never the evidence led by any of the parties before the disciplinary hearing,” charged Masuku in the appeal papers.
He further stated in his appeal papers that the committee did not take into account the “undisputed” evidence led by him on the doctrine and principles of separation of powers between the MEC as the executive authority and the administration during the hearing. Masuku said he was a victim of unfair prosecution and blamed media reports for his woes, saying the party had relied on media reports to suspend him.