Government

Here are Zille’s reasons why she should not have been suspended

Staff Writer

 ·7 Jun 2017

Former DA leader, Helen Zille has published the 45 reasons she provided to the DA’s federal executive why she should not be suspended by the party.

The DA’s FedEx took the decision on Wednesday to suspend Zille from all party activities until the conclusion of her disciplinary hearing this coming Friday (9 June).

Following the release of the party’s statement on her suspension, Zille released her reasons, having been granted leave to do so by the DA.

The reasons are summarised below, but can be read in full here.

In summary, Zille holds that there are no grounds for her suspension, and that the many procedural issues and contraventions of the DA’s constitution show that there is a personal campaign to get rid of her.

In her submission, she offered that she has already removed herself from party activities, but not as an admission of guilt, but rather as a show of good faith to prevent further reputational damage to the party.

Procedural issues

Zille highlighted the following procedural issues:

1. Partly leader Mmusi Maimane issued a statement saying Zille had been suspended, contradicting the party’s 72 hour response period. The amounts to a prejudgement.
2. The Sunday Times reported that the DA FedEx had voted on whether to suspend her, NOT to grant her 72 hours to respond. Procedure was not followed.
3. This failure to follow procedure makes it impossible for the FedEx to be objective.
4. Supporting Zille would put the FedEx at odds with Maimane, which it would not want to do, making the whole process hollow.
5. Chair of the FedEx, James Selfe himself contradicted Maimane, effectively admitting the process was unlawful.
6. Contradicting media reports that were not denied by the DA show that the FedEx broke procedure.
7. A break of procedure is a breach of the DA’s constitution – and it’s not the first time it has done so regarding this issue.
8. Zille repeats that the FedEx has broken the party’s constitution, and in fact is treating her (and others) based on race.
9. The whole process has been and continues to be a sham.
10. Despite this, Zille still supplied reasons as requested.

Grounds

Zille addressed the various grounds she faced for suspension, which included her tweets surrounding colonialism, subsequent defence and explanations in public posts, and bringing the DA into disrepute.

1. The focus from the FedEx was the “need for the party to demonstrate” the seriousness of the allegations against Zille. While she accepts that it is a serious matter, she believes the charges do not justify the need for suspension.
2. She questions why, if the matter was so serious, she was not suspended in April when the incident (tweets) happened. This was not oversight, she claims. The DA’s statement at the time gave specific grounds for suspension – none of which have changed since.
3. The suspension is neither legal nor rational in this context.
4. The “ongoing harm” to the party is its own doing, by the party’s consistent misinterpretation of her alleged “defence” and “glorifying” of colonialism. Her subsequent publications have sought only to correct these distortions.
5. Zille agreed to the Maimane’s request to desist from public comment, but only “subject to maintaining my constitutional right not to be defamed and misrepresented”.
6. Subsequent posts and comment were defending herself from public allegations.
7. It is unfair to ask her to remain silent while a seemingly ‘organised campaign’ against her was erupting.
8. The FedEx is punishing her with suspension, with other parties attempting to force her to resign before any hearing has taken place.
9. The party is asking her to plead guilty to an offence through apologizing for something she did not do – opening the way to expel her from the party. Zille refuses to incriminate herself in that way.
10. Zille maintains she has not breached her oath of office as Premier, so calls for her removal or resignation are unwarranted.
11. She believes a suspension will not stop damage from being done to the party, because it is the party itself which keeps leaking information around the issue. A suspension will be more damaging she argues.
12. Zille accuses Maimane of having ulterior motives in the suspension, with the DA leader making combative public remarks.
13. Maimane is using an ‘off the record’ discussion with Zille to prejudice her now. The discussion related to the direction of the party, in which Zille and Maimane differed. Suspension on the basis of debate is a slippery slope, Zille said.

The apology and now

1. It has been reported that Zille refused to apologise – however she maintains that she did on two occasions: the day of her tweets, and during a debate called by the ANC on the matter.
2. Maimane requested that Zille include statements apologising for bringing the party into disrepute – however this would make Zille admit to wrongdoing, opening the door to expulsion. This is not possible until the hearing has concluded.
3. The FedEx said it was under no obligation to give Zille an opportunity to make representations on the intention to suspend her – however, Zille said it is a basic requirement of fair administrative process.
4. Zille says it is clear the DA does not want her to attend formal meetings and activities, and has already taken the decision to suspend her.

The conclusion

1. Zille says the entire process has been a hurtful, vindictive and personal campaign against her. She has already been asked, and acceded to the request for her to stay away from party activities, and will keep doing so until the disciplinary hearing has concluded.
2. This does not mean Zille accepts the grounds for suspension.
3. She requests the FedEx to portray her decision to stay away from party activities as an attempt to save the party further reputational damage.
4. However, she will not volunteer to do the same of her roles in the provincial caucus, or her role in provincial government.

Read: DA officially suspends Helen Zille