Legal opinion says dodgy ANC leaders can’t be forced to step aside: Mantashe
The ANC has no powers to force leaders facing criminal charges or other allegations of wrongdoing to step aside from party positions, says the party’s national chair Gwede Mantashe.
Mantashe told the Sunday Times that the party sought legal opinion this week on the issue and was informed by lawyers that stepping aside would be ‘a voluntary act’ and forcing anyone to do so would amount to suspending them.
“Stepping aside is a voluntary act, it’s a function of consciousness and a desire. You take that decision yourself,” he said.
“There’s clarity that stepping aside is a voluntary act, it’s a function of consciousness and awareness, it is not an organisational compulsion. Once it is compulsion it becomes something different called suspension.”
Mantashe said it is still possible for the ANC to take disciplinary action against a member internally. His comments come after ANC secretary-general Ace Magashule appeared in court on 13 November, charged with corruption, fraud and money-laundering.
Magashule, who currently oversees the day-to-day running of the ANC, is the highest-profile serving politician to face charges since president Cyril Ramaphosa took office in 2018 and pledged to crack down on the corruption that became endemic during his predecessor Jacob Zuma’s rule.
The government estimated that more than R500 billion was stolen under Zuma’s presidency.
The case against Magashule relates to a R255 million asbestos audit contract that was awarded in the Free State, according to the police’s special investigating unit.
Line in the sand?
In August, Ramaphosa said that the ANC National Executive Committee (NEC) needs to draw a line in the sand between the organisation, and those who steal from the people.
The president said that cadres caught in acts of corruption, must face the party’s integrity commission, to explain themselves. Those who do not give an acceptable explanation may be suspended. Those convicted, must resign from leadership positions, and face disciplinary actions.
“They have to be serious allegations that are of such a nature that somebody must answer for themselves in a satisfactory matter. Once they have done so the integrity commission must give consideration to what they say and make a decision,” he said.
Ramaphosa said that the commission’s decision should be binding; he added that the ANC has a mechanism in place to revoke a persons ANC membership. This includes expulsion and a time limit on when they may return the party.
“There are some people that have, of there own volition, already decided they will step aside. We should pay tribute and respect to such members and say that they are putting the interest of the ANC ahead of their own interests.”
The integrity commission will be strengthened, for the means of carrying out its mandate, the president said. “The NEC agreed that this will be a turning point in the fight against corruption.”
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