By Lehlohonolo Lehana.
Suspended presidency spokesperson Khusela Diko has announced her intention to appeal the findings of the ANC’s provincial disciplinary committee (PDC) in Gauteng, which found her guilty of bringing the governing party into disrepute.
In a statement released on Wednesday by her lawyers, Avela Nontso Attorneys, Diko said she wrote to the PDC informing it of her decision to challenge its findings.
Her lawyers said after the PDC sentenced her, she indicated that she intends to appeal its decision using all constitutional means.
She believes the PDC’s findings are “wholly irrational and if left unchallenged, will set a devastating precedent according to members would be expected to be conversant and to comply with rules that do not currently exist which include a directive to disclose a spouse’s business interests to the provincial office bearers of the ANC.”
“Accordingly, she will be exercising her rights to review/appeal the factual, substantial, and procedural findings of the PDC in terms of Rule 25.35 and 25.36 of the ANC Constitution within the time frames prescribed by the Constitution,” her lawyers quoted a letter they wrote to the ANC in Gauteng.
Diko’s lawyers argued the PDC erred in its ruling because the ANC constitution does not say anything about its leaders disclosing their spouse’s business interests.
“Nowhere in the decision of the PDC is a rule quoted or relied upon that places a responsibility on a member of the ANC to disclose a spouse’s business interest to the PEC or the Provincial Office Bearers.
“It was admitted by both the ANC witnesses as well as the PDC itself that no such rule or practice exists and therefore the ruling consists of nothing more than their own beliefs and opinions on what they think ‘should’ have been done in the circumstances, which opinions do not amount to the Rules of the ANC.
“Comrade Diko therefore cannot be charged and sanctioned on the basis of what another member of the ANC believes she should have done,” the lawyers argued.
According to reports, Diko has been told to step down from her position as a member of the party’s provincial executive committee (PEC).
Diko and former Gauteng Health MEC Dr Bandile Masuku were embroiled in a Covid-19 personal protective equipment (PPE) scandal last year after the provincial health department awarded a multimillion-rand tender to Royal Bhaca, a company owned by Diko’s late husband, Thandisizwe Diko.
The pair have both been asked to step aside from all party positions, and to not speak on behalf of the ANC until the SIU investigation has been concluded into the matter.
The decision was reportedly accepted by the PEC at its meeting that took place over the weekend.