By Lehlohonolo Lehana.
Former African National Congress (ANC) secretary general Ace Magashule looks set to be expelled after he was found guilty of misconduct by the party’s national disciplinary committee.
ANC Secretary General, Fikile Mbalula, made the annoucement during the briefing of members of the media on the outcomes of the National Working Committee (NWC) visit in North West over the weekend.
Magashule, has been found “guilty of misconduct” for failing to apologise to party president Cyril Ramaphosa and structures, for “unilaterally suspending” Ramaphosa in 2021.
This follows the National Executive Committee (NEC) — the party’s highest decision making body between conferences — instruction that the party’s top six officials deal with Magashule’s alleged “misconduct”.
The NEC at that time felt the party officials should deal with the matter of the SG’s [secretary general’s] misconduct. It was seen as being dysfunctional.
This despite earlier attempts by his supporters to sway the discussion towards broadening the list of those to step aside to include leaders who faced corruption allegations but had not been charged, among them Ramaphosa.
In the charge sheet dated 21 October 2021, Magashule was charged with having committed three transgressions.
The first count accuses him of contravening Rule 25.17.12 of the ANC’s constitution by undermining the respect for or impeding the functioning of any structure or committee of the party.
“On or about 3 May 2021, you wrote a letter to the president of the ANC, unilaterally suspending him, purporting to have the necessary authority to do so, and doing so without consulting and obtaining the necessary authority to do so from the officials, the NWC [national working committee] and NEC as required in terms of Rule 25.6 together with Rule 25.70 of the constitution of the ANC, thereby undermining the respect for or impeding the functioning of any structure or committee of the ANC,” the charge sheet reads.
The National Disciplinary Committee (NDC) submitted two alternative counts. The charge sheet states that Magashule made “unsubstantiated allegation” in his letter suspending Ramaphosa by accusing the ANC president and the CR17 campaign team of raising money for his election.
The second alternative charge accuses Magashule of having contravened Rule 25.17.17 of the ANC constitution by making an utterance which prejudiced the integrity of the ANC and its operational capacity by creating divisions within its ranks and undermining its effectiveness.
The second charge relates to Magashule’s refusal to publicly apologise for suspending Ramaphosa.
Magashule was temporarily suspended from the party in May 2021 after he refused to step aside from his position. He faces corruption and fraud charges related to a R255-million asbestos tender in the Free State.
Mbalula said, the disciplinary committee has give Magashule 7 days to provide reasons why he should not be “expelled” from the party.
“The finding – the charge number is found guilty on counts one and two as charged. The charge number is afforded seven calendar days from the date of being informed on becoming aware of this finding, to make written submissions to the NDC [National Disciplinary Committee].”
Mbalula also said the government will have to explore alternatives to allow Russian President Vladimir Putin to participate in the BRICS summit.
The summit will be held in South Africa in August.
The South African government is under immense pressure to make a decision on Putin’s attendance amid the International Criminal Court’s warrant of arrest against him.
Putin has been accused of human rights violations in the war in Ukraine.
South Africa is set to host the leaders of Brazil, Russia, India and China at the 15th BRICS Summit from 22 to 24 August.
South Africa, as a signatory to the Rome Statute, would be obliged to arrest Putin if he physically attends the summit.
President Cyril Ramaphosa has already expressed his confidence that the impasse will be resolved before August.
Mbalula said although the South African government would appreciate hosting Putin for the summit, his presence would leave the government in a difficult position.
“We don’t expect our government to do anything illegal and to break the law. If there are other means necessary to get President Vladimir Putin to participate in the BRICS summit, either virtual or another way, our government can do it.
“But by now we expect our government to have explained our situation as the host country to Russia, through the diplomatic channels, our predicament in terms of this matter of President Putin coming to our country, and us being the signatory to the Rome Statute. It means if he comes to South Africa we have to act.
“And we are not going to be party, as a country, to arresting a president coming to our country.
“We expect the government to lead on this matter, and we expect by now Russia should know that South Africa as a country and as a signatory is a constraint.
“We don’t have clarity whether he is coming to South Africa or not. If in the legal prescripts, there is a possibility to get President Putin to come to the summit, we don’t have a problem with that,” said Mbalula.