{"id":454902,"date":"2020-12-06T07:55:57","date_gmt":"2020-12-06T05:55:57","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=454902"},"modified":"2020-12-06T10:02:14","modified_gmt":"2020-12-06T08:02:14","slug":"ramaphosa-vs-magashule-battle-heats-up-inside-the-anc-report","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/government\/454902\/ramaphosa-vs-magashule-battle-heats-up-inside-the-anc-report\/","title":{"rendered":"Ramaphosa vs Magashule battle heats up inside the ANC: report"},"content":{"rendered":"<p>Clearer lines are being drawn between factions within the ANC, as the party&#8217;s secretary general, Ace Magashule, pushes back against calls for him to step aside from the position following his arrest on charges of corruption.<\/p>\n<p>The ANC earlier this year adopted a new &#8216;step-aside&#8217; stance on members accused of and charged with serious crimes, where these members would be expected to voluntarily step down from any positions of power while their legal matters are dealt with.<\/p>\n<p>The policy, however, has not worked out the way the party had hoped, with those accused of or even charged with criminal conduct refusing to leave.<\/p>\n<p>This includes Magashule, who was <a href=\"https:\/\/businesstech.co.za\/news\/government\/448410\/magashule-officially-charged-with-corruption-fraud-and-money-laundering\/\">officially charged with corruption, fraud and money-laundering in November.<\/a><\/p>\n<p>The case against Magashule relates to a R255 million asbestos audit contract that was awarded in the Free State. Four other government officials and business people were also detained in connection with the contract in September. He was granted R200,000 bail.<\/p>\n<p>Magashule and his supporters have said that the charges are politically motivated, and because the role of secretary general is not a public office, they have argued that the step aside&#8217; rule does not apply.<\/p>\n<p>Because of the vague process around the rule, the ruling party put it on ice, to be discussed at the National Executive Committee (NEC) meeting being held on Sunday (6 December).<\/p>\n<p>Magashule&#8217;s supporters, according to the <a href=\"https:\/\/www.news24.com\/citypress\/politics\/cyril-goes-or-ace-stays-showdown-expected-at-anc-nec-meeting-as-factions-clash-20201206\">City Press<\/a>, have said that if the secretary general must step aside, so too must president Cyril Ramaphosa, as he faces allegations relating to his presidential campaign in 2017.<\/p>\n<p>The paper said that Magashule is trying to rally support within the party&#8217;s NEC to back him up, appealing to those in the old so-called &#8216;Zuma faction&#8217; to speak out in his defence.<\/p>\n<p><strong>Legal views<\/strong><\/p>\n<p>The ANC&#8217;s dithering on the step aside rule has been complicated by divided legal opinion, with the party receiving four views &#8211; two of which support the step-aside rule, while two are against it.<\/p>\n<p>Arguments in favour of the rule include:<\/p>\n<ul>\n<li>Stepping aside is basically the same as suspension, processes and grounds for which already exists in the ANC constitution;<\/li>\n<li>In cases where a judgement of criminality is pending, an organisation like the ANC is allowed to take measures to protect its integrity.<\/li>\n<\/ul>\n<p>Arguments against its implementation include:<\/p>\n<ul>\n<li>It in effect abdicates the powers of the party to an external body like the NPA;<\/li>\n<li>It is open to abuse, and encourages factionalism;<\/li>\n<li>It may be in conflict with the country&#8217;s labour laws;<\/li>\n<li>It may be in conflict with an individual&#8217;s rights to a fair trial.<\/li>\n<\/ul>\n<p>A prevailing thought among the top six in the party, is that the decision should be left to the ANC&#8217;s integrity commission.<\/p>\n<p><strong>Integrity Commission<\/strong><\/p>\n<p>In August, Ramaphosa said that the ANC National Executive Committee (NEC)\u00a0needs to draw a line in the sand between the organisation, and those who steal from the people.<\/p>\n<p>The president said that cadres caught in acts of corruption, must face the party\u2019s 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.<\/p>\n<p>\u201cThey 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,\u201d he said.<\/p>\n<p>Ramaphosa said that the commission\u2019s decision should be binding; he added that the ANC has a mechanism in place to revoke a persons ANC membership.\u00a0 This includes expulsion and a time limit on when they may return the party.<\/p>\n<p>\u201cThere are some people that have, of their 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.\u201d<\/p>\n<p>The integrity commission will be strengthened, for the means of carrying out its mandate, the president said. \u201cThe NEC agreed that this will be a turning point in the fight against corruption.\u201d<\/p>\n<hr \/>\n<p><strong>Read: <a href=\"https:\/\/businesstech.co.za\/news\/government\/448583\/magashules-supporters-target-ramaphosa-report\/\" rel=\"bookmark\">Magashule\u2019s supporters target Ramaphosa: report<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Clearer lines are being drawn between factions within the ANC, as the party&#8217;s secretary general, Ace Magashule, pushes back against calls for him to step aside from the position following his arrest on charges of corruption.<\/p>\n","protected":false},"author":10,"featured_media":423010,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[26],"class_list":["post-454902","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-government","tag-headline"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/454902","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=454902"}],"version-history":[{"count":5,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/454902\/revisions"}],"predecessor-version":[{"id":454916,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/454902\/revisions\/454916"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/423010"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=454902"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=454902"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=454902"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}