Lungisa files complaint over suspension letter
Nelson Mandela Bay councillor Andile Lungisa has lodged a formal complaint against Bay ANC regional task team (RTT) co-ordinator Luyolo Nqakula in a letter to the ANC’s Eastern Cape bosses.
In the letter to the party’s provincial secretary Lulama Ngcukayitobi, dated September 1, Lungisa wrote that Nqakula failed to communicate with him directly and that he heard of a letter concerning himself through the media, saying this was in gross contravention of the party’s constitution.
The Herald reported on Monday that Nqakula had ordered Lungisa to resign from the council and step down as a task team member of the party’s Ward 2 branch.
In the letter to Lungisa, Nqakula wrote that the RTT was seeking the go-ahead from the party’s provincial bosses to temporarily suspend Lungisa’s ANC membership.
This is as a result of his 2018 conviction for assaulting DA councillor Rano Kayser during a heated council meeting in October 2016.
Lungisa, who is appealing against his sentence, is awaiting the decision of the Supreme Court of Appeal.
Lungisa said on Monday he had not received the letter.
In his letter to Ngcukayitobi, Lungisa wrote that he believed the proper process was not followed in notifying him of the call for him to resign from the council.
“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 PEC or the PWC — if satisfied that the temporary suspension of such member would be in the best interest of the party, may suspend such member and impose terms and conditions to regulate their participation and conduct during the suspension.”
He wrote: “The NEC is the highest decision-making body of the ANC.
“As a matter of principle, all lower structures of the ANC, must await the outcomes of the NEC when it is sitting.
“Whatever action that you take must be informed by a formal communication from the NEC.”
Lungisa said because the NEC held the meeting between Friday and Sunday, Nqakula’s actions were pre-emptive of the outcome of the NEC meeting.
“The letter from the RTT co-ordinator is sent in the late afternoon of Sunday via a newspaper, while the NEC was still in session.
“This letter is dated on Sunday and leaked to a newspaper before it is served on the intended recipient, if it was ever intended to reach me in the first place.”
Nqakula’s letter amounts to an “expropriation of the NEC and PEC powers, jumping the gun before the NEC meeting outcomes”, he said.
“My own observation about the actions of Nqakula is that I am one of many councillors who went to lay charges of corruption ...
“People who are fighting corruption in the NMB ANC have become targets for the likes of Nqakula.
“It is also my observation that the RTT co-ordinator has been colluding with the opposition, Mr Nqaba Bhanga to be exact, to overthrow the government which was formed after the removal of the DA in the NMB council.”
Lungisa wrote that he appeared before the ANC disciplinary committee on August 2 on the same charges mentioned in Nqakula’s letter.
“Now, after 28 days I am being hunted, harassed, purged and subjected to a sin of double jeopardy, all in the name of our glorious movement,” he wrote.
Ngcukayitobi said he could not comment on a letter he had not received.
Yesterday, Nqakula acknowledged receipt of Lungisa’s letter.
He said the letter written to Lungisa by the RTT was a product of consistent engagement with structures of the ANC and that the RTT took a collective decision to write that letter while understanding what their authority was.
He said some matters were within the RTT’s authority and the matter pertaining to Lungisa fell within the regional team’s duties.
“What is unfortunate is that internal PR correspondences find themselves in the media,” Nqakula said.
In relation to the allegations of corruption levelled against him, Nqakula said to date he had not been approached by any law enforcement agency and no charges had been formally brought against him.
He said it was nothing more than a smear campaign meant to distract those who have been tasked to follow through with the ANC’s decisions.
Nqakula said while there were allegations against him and other members of the RTT, there was a court judgment against Lungisa which held more water than allegations.