TERMS OF REFERENCE OF INDEPENDENT TEAM TO INVESTIGATE ALLEGATIONS THAT AFRICAN NATIONAL CONGRESS (ANC) MEMBERS WERE INVOLVED IN THE FORMATION OF AND MOBILISED SUPPORT FOR SMALLER POLITICAL PARTIES 41, Preamble Pursuant to allegations and media reports that ANC members were involved in the formation of and mobilised support for some of the smaller political parties, purportedly to reduce the ANC’s majority in the 2019 General Election, the National Working Committee (NWC) resolved at its meeting on 10 June 2019 to establish an Independent Team to investigate these allegations. 2. Composition of Independent Team The Independent Team is comprised of:- . Comrade Kgalema Motlanthe . Dr Frene Ginwala Advocate Fezeka Magano ena 3. Terms of Reference The terms of reference are to investigate, inquire into and determine the veracity of the allegations that members of the ANC were involved in the formation of and/or mobilised support for some of the smaller political parties, purportedly to reduce the ANC’s majority in the 2019 General Election 4. Powers In pursuance of its Terms of Reference, the Independent Team shall have the authority: 4.1 To hear evidence of witnesses who appear before it voluntarily; 4.2To call witnesses, of its own volition, which it deems necessary or relevant to its mandate; 4.3 To calll for the production of such documents it deems necessary or relevant to its mandate; 4.4 To make findings against any member of the ANC after evaluating all the evidence and if prima facie evidence exists, including recommendations that disciplinary action be instituted against such member for contravening Rule 25 of the ANC Constitution pertaining to misconduct,4.5 To put questions to a witness to assess the truthfulness of the evidence of such witness; and 4.6 To determine its own procedures. 5, Term and report 5.1 The Independent Team shall produce a report to the Office of the Secretary General of its findings within 60 (sixty) days of its appointment. 5.2 The term of office of the Independent Team may be extended should circumstances warrant it. 6. Secretarial support To be able to conduct its work meaningfully and to facilitate the gathering of evidence, oral and documentary, and the procurement of witnesses, the Secretary General's Office shail provide secretarial support to the Independent Team. 7. General 7.1 ‘Evidence’ shall include but shall not be limited to any document, affidavit, video, sound recording or oral testimony. 7.2 Legal representation shall not be permitted. 7.3 Subject to the principles of natural justice, the rules of evidence applicable in a court of law need not be strictly applied to the determination of the admissibility of evidence. 7.4 Any ANC member who has been implicated by evidence led before the Independent Team shall be informed within a reasonable time after such evidence was led that he or she has been implicated and shall be provided with a transcript of such evidence including supporting documents and recordings. 7.5 Any implicated member may cross examine the witness implicating him or her, lead evidence to rebut the evidence implicating him or her and call any witness whose evidence could be relevant to rebut the evidence implicating him or her, subject to the proviso that the Independent Team shall decide whether the evidence of such witness is relevant and shall make a determination before the witness testifies 7.6 The proceedings of the Independent Team shall be held in camera, EG S.7.7 Witnesses will be required to take the prescribed oath or make an affirmation before testifying 7.8 The Independent Team shall caution all witnesses that the evidence they adduce before it could be used in any subsequent disciplinary action instituted by the ANC against any member in terms of Rule 25 of the ANC Constitution and that such witness shall be a compellable witness is such subsequent disciplinary proceedings Dated at Luthuli House, Johannesburg this 12" day of June 2019 Gin E.S. MAGASHULE SECRETARY GENERAL